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HomeMy WebLinkAboutReg 2011-12-05 COMPLETE AGENDA PACKETTukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Councilmembers: -.*-Joe Duffie -.*-Joan Hernandez David Cline, City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:00 PM 7:00 PM Personnel Issue Pursuant to RCW 42.30.110(1)(g) (60 minutes) Monday, December 5, 2011; 7:00 PM Ord #2360 Res #1753 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Valley SWAT awards to Detective Phil Glover and Officer Larry Hann. PRESENTATIONS Dennis McOmber, Police Commander. b. Financial status report for 3rd Quarter 2011. Craig Zellerhoff, Pg.1 Fiscal Coordinator. 3. CITIZEN At this time, you are invited to comment on items notincludedon this agenda COMMENT (please limit your comments to five minutes per citizen). To comment 2011, to provide the funds with which to carry out an advance refunding on an item listedon this agenda, please save your comments until the issue is of the callable portion of the share of the City's Limited Tax General presented for discussion. 4. CONSENT a. Approval of Minutes: 11/21/11 (RegularMtg.) AGENDA b. Approval of Vouchers. 5. UNFINISHED a. Budget and Capital Improvement Program: BUSINESS (1) An ordinance amending Ordinance No. 2319, which adopted the City's Pg.7 Annual Small Drainage Program in the amount of $64,945.76. biennial budget for the 2011 -2012 biennium. Please refer to 11 /28 /11 C. 0, W. agenda packet, (2) A resolution adopting the 2012 -2017 Financial Planning Model and the Pg.19 f. Authorize the Mayor to sign the amended and restated Interlocal Capital Improvement Program for general government and the City's Agreement with Cascade Water Alliance. Enterprise Funds. b. An ordinance providing for the issuance, sale and delivery of not to exceed Pg.39 $5,000,000 par value of Limited Tax General Obligation Refunding Bonds, 2011, to provide the funds with which to carry out an advance refunding of the callable portion of the share of the City's Limited Tax General Obligation Bonds, Series 2003A. c. A resolution establishing a second Finance Department change fund level. Pg.69 d. A resolution adopting a new Public Works fee schedule. Pg.73 e. Authorize the Mayor to sign an agreement with KPG, Inc. for the 2012 Pg.81 Annual Small Drainage Program in the amount of $64,945.76. Please refer to 11 /28 /11 C. 0, W. agenda packet, f. Authorize the Mayor to sign the amended and restated Interlocal Pg.83 Agreement with Cascade Water Alliance. Please refer to 11 /28 /11 C. 0, W. agenda packet, g. An ordinance establishing new regulations related to soliciting in certain Pg.85 areas. h. An ordinance repealing Section 2 of Ordinance No. 2323 relating to the Pg.93 prohibition against social card rooms as a commercial stimulant. (continued...) x REGULAR MEETING Monday, December 5, 2011 Page 2 5. UNFINISHED i. Authorize the purchase of a thermoplastic striper from Alpine Products in Pg.97 BUSINESS the amount of $92,896.52. (continued) Please refer to 11 /28 /11 C. 0. W. agenda packet, j. Authorize the purchase of 250 LED roadway lighting fixtures from Leotek Pg.99 Electronics in the amount of $106,488.75. Please refer to 11 /28 /11 C. 0. W. agenda packet, k. Authorize the acceptance of the Federal CMAQ grant in the amount of Pg.101 $750,833.00 and the State Transportation Enhancement grant in the amount of $500,000.00 for the Tukwila Urban Center Pedestrian /Bicycle Bridge. Please refer to 11 /28 /11 C.O. W. agenda packet, I. Authorize the Mayor to sign Supplement No. 9 to contract #07 -123 with Pg.107 KPFF Consulting Engineers for the Tukwila Urban Center Pedestrian/ Bicycle Bridge in the amount of $1,367,580.11. Please refer to 11 /28 /11 C. 0. W. agenda packet, m. Authorize the Mayor to sign Supplement No. 13 to contract #06 -019 with Pg•109 IBI Group for the Tukwila Transit Center in the amount of $429,000.00. Please refer to 11 /28 /11 C. 0. W. agenda packet, n. Authorize the Mayor to sign Supplement No. 14 to contract #06 -019 with Pg•111 IBI Group for the Andover Park West Street and Water Improvements in the amount of $313,037.00. Please refer to 11 /28 /11 C. 0. W. agenda packet, o. An ordinance authorizing and providing for the acquisition of interests in Pg.113 land for the purpose of completing the Tukwila Transit Center project, providing for condemnation, appropriation, taking of land and property rights necessary therefore, and providing for payment thereof. p. Authorize the Mayor to sign deeds and conveyance documents involving Pg.135 the Washington State Department of Transportation relative to the transfer of right -of -way for the Tukwila Urban Center Access (Klickitat) Project. Please refer to 11 /28 /11 C. 0. W. agenda packet, 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 or tukclerk @tukwilawa.gov). This notice is available at www.tukwilawa.aov, 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 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. Summary September 30, 2011 As of September 3(), 2011, three quarter, or 754 of the year had expired. The third quarter activity reduced the City -wide fund balance by $5.8 million creating a year to date deficit of $3.2 million. The year -to -date deficit was attributed to the Government funds $6.0 million deficit; although the e City -wide fund ending balance as of the third quarter is $46.2 million which is $14.10 million great- er than the annual budget ol' $32.()7 million The third quarter Government fund decrease is temporary and is due to the collection of property tax revenue which occurs in April and October. The decrease was offset by Enterprise fund revenue collections due to Summer wage and the collection of the Surface water semi- annual billing. Sales and use tax revenues Continue to eXCeed budget while charges for ServieeS Continues to suffer due to .r "�v economic Conditions. l (_.incertalnty Continues in the economy and deterioration of economic Conditions Could negatively impact City finances. As compared with budget, actual operating reSultS through the third quarter have been positive with expenses at 67.36% of budget or down $4.0 million offsetting the revenue shortage for the year compared to budget. The City appears on track to meet its budgetary goals for the year. FUND BALANCES CHANGE IN FUND CITY -WIDE BALANCES AU I UAL ACTUAL 12/31/2010 03/31/2011 06/30/2011 09/30/2011 Q3 I YTD Governmental funds 28,762,831 29,722,371 31,888,273 25,888,039 (6,000,234) (2,874,792) Enterprise funds 11,158,079 10,980,343 9,526,174 9,691,041 164,866 (1,467,039) Internal service funds 9,461,981 9,947,703 10,579,448 10,604,413 24,966 1,142,433 City -wide Total 49,382,891 50,650,417 51,993,895 46,183,493 1 (5,810,402)1 (3,199,398)1 O Fund Balances As of September 30, 2011 General Fund $5,24',746 4 Hotel /Motel Tax Fund $695,881 J Street Fund "N" 1 0 -A $794,510 Arterial StreetFund $8,470,882 3 Contingency Fund 5v $1,457,451 Fire Equip Cum Reserve $858,123 pit Drug Seizure Fund $160,784 Debt Service Funds $15,105 Parks AogFund yea.,„ vn., tiv .vYvh,v, .�q *Muuw $4,976,02 Facility Replacement Fund rFi $2,034,039 MM ;l 0 General Gov Improvements F,n"-- "=Al $871,002 Fire Impact Fee Fund a��311� /r 493 Water Fund $4,251,834 Sewer Fund 1,782,555 Foster Golf Fund $84,201 Su Fund q ui p ment Relacement Fund it ,451 E 3, Replacement 3,834,61 7 LEOFF Insurance Fund 0000 $4 000 $5,061,-,)7 $2 Self-insurance Fund 00 589 00 $6 000.000 $8.000.000 $10.000.000 O Unreserved/ unrestricted N Inside this issue: Governmental funds 2 Enterprise funds 4 Governmental funds continued 3 Internal Service funds 5 1 Governmental Fund Balances- By Fund Group $1] $16 $15 $14 $13 $12 $11 $10 $9 $8 $6 $s $4 $3 $2 $1 $15.7 $14.5 ---8 —,,y ,e® $14.1 e� ri m ews mxmsnmm $12.4 Fund —d $9.7 —2— Special $8.5 $8.4 Revenue Debt Service �a.......,,. w. w.w.w.w.w.�n.... $5.2 $5.8 $5.6 mmmm- Capital Project Dec 2010 Mar 2011 Jun 2011 Sep 2011 GOVERNMENTAL FUNDS General Fund Special Revenue Debt Ser\Ace Capital Project GOVERNMENTAL FUNDS Governmental Fund Balances Combined $35 $30 $25 $20 $15 $10 $5 Combined governmental fund activity for the third quarter resuulted in a $6.0 million decrease in fund balances. The General Fund was responsible for $4.5 million of this decrease and the special revenue funds were responsible for a decline of $1.7 million. The General Fund decrease is attributed to the timing in the collection ot'property taxes and lower revenue for fee based activities. Sumnmer' road con Struction for the SOUthcenter Access Project and Parkway Extension drove the balance of the 104 Arterial Street Fund down by $1.8 million. The financial resultS and positions of the governmental funds are discussed in more detail below. lffll �l� General fund third quarter activity decreased the fund balance by $4.5 million with a year -to -date decrease of $514,294. This is a re- sult of property tax revenue collected Semi annually in April and October The negative fund balance will be offset in the fourth quarter upon collection of the October property tax revenue which as of the third quarter is 53.32 of budget. Although the reSUltS show a lar-e decrease in fund balance for the quarter, the balance is $729,467 greater than the budgeted fund bal- ance. Sales and Use tax continue to have positive resultS with reve- nueS exceeding budget throUgh the quarter at 82.54 of budget. The increase in sales and Use tax revenue has offset the lower revenueS collected for participation /USe fees which are at 59.34 of budget. Year -to -date revenueS of $35.1 million, or 68.54% of annual bud( are lower than expected, but exceed expenditureS. The General Fund had expenditureS of $13.3 million during the third quarter, bringing the year -to -date total to $35.6 million or 67.36% of annual budget. City departments have been diligent in managing their budgets all departments are within budget with the exception of the City Attorney and Park Maintenance. The City Attorney has experienced a high number of incidents and Park and Maintenance is due to City layoff reinstatements with back pay in July 2011. Departments experiencing positive budget resultS include Mayor at 64.24 Parks and Recreation at 67.90 Information Teehnolo( at 66.75 Public Works at 66.57% and Dept 20 at 45.56 Mayor's department has effectively managed their spend ing to reduce costs in addition to not renewing the ORCA card program for employees at a cost of $67,000 due to a 100"7 increase (2010 ORCA was $36,000). Parks and Recreation has experienced declines in program participation resulting in lower revenue and reduced ex- penseS Such as extra labor at 63 Continued on page 3 Page 2 2011 THIRD QUARTER FINANCIAL REPORT 2 De, 10 Mar -11 Jun -11 Sep -11 FUND BALANCES I CHANGE IN FUND BALANCES ACTUAL BUDGET ACTUAL BUDGET Variance 12/31/2010 03/31/2011 06/30/2011 09/30/2011 YTD O3 YTD YTD YTD 5,757,040 5,646,681 9,731,524 5,242,746 4,856,239 (4,488,778) (514,294) (1,243,761) 729,467 14,461,545 15,679,070 14,089,147 12,437,630 8,004,059 $(1,651,517) (2,023,915) (47,941) (1,975,974) 3,050 (8,947) 14,132 15,105 2,250 974 12,055 2,250 9,805 8,541,195 8,405,568 8,053,470 8,192,557 6,592,852 139,086 (348,639) (447,149) 98,510 $28,762,831 $29,722,371 $31,888,273 $25,888,039 19,455,400 1 $(6,000,234) $(2,874,792)1 $(1,736,600)1 $(1,138,192) Combined governmental fund activity for the third quarter resuulted in a $6.0 million decrease in fund balances. The General Fund was responsible for $4.5 million of this decrease and the special revenue funds were responsible for a decline of $1.7 million. The General Fund decrease is attributed to the timing in the collection ot'property taxes and lower revenue for fee based activities. Sumnmer' road con Struction for the SOUthcenter Access Project and Parkway Extension drove the balance of the 104 Arterial Street Fund down by $1.8 million. The financial resultS and positions of the governmental funds are discussed in more detail below. lffll �l� General fund third quarter activity decreased the fund balance by $4.5 million with a year -to -date decrease of $514,294. This is a re- sult of property tax revenue collected Semi annually in April and October The negative fund balance will be offset in the fourth quarter upon collection of the October property tax revenue which as of the third quarter is 53.32 of budget. Although the reSUltS show a lar-e decrease in fund balance for the quarter, the balance is $729,467 greater than the budgeted fund bal- ance. Sales and Use tax continue to have positive resultS with reve- nueS exceeding budget throUgh the quarter at 82.54 of budget. The increase in sales and Use tax revenue has offset the lower revenueS collected for participation /USe fees which are at 59.34 of budget. Year -to -date revenueS of $35.1 million, or 68.54% of annual bud( are lower than expected, but exceed expenditureS. The General Fund had expenditureS of $13.3 million during the third quarter, bringing the year -to -date total to $35.6 million or 67.36% of annual budget. City departments have been diligent in managing their budgets all departments are within budget with the exception of the City Attorney and Park Maintenance. The City Attorney has experienced a high number of incidents and Park and Maintenance is due to City layoff reinstatements with back pay in July 2011. Departments experiencing positive budget resultS include Mayor at 64.24 Parks and Recreation at 67.90 Information Teehnolo( at 66.75 Public Works at 66.57% and Dept 20 at 45.56 Mayor's department has effectively managed their spend ing to reduce costs in addition to not renewing the ORCA card program for employees at a cost of $67,000 due to a 100"7 increase (2010 ORCA was $36,000). Parks and Recreation has experienced declines in program participation resulting in lower revenue and reduced ex- penseS Such as extra labor at 63 Continued on page 3 Page 2 2011 THIRD QUARTER FINANCIAL REPORT 2 De, 10 Mar -11 Jun -11 Sep -11 Information Technolo spendim is down due to the in- stallation of the new phone system paid through bond fund inl in Fund 303 General Government Improvements. Public Works has managed their spending to reduce Costs through the third quarter. Salaries through the third quarter are at 68.75 due to project manager salary and benefits eharued to Fund 104 Arterial Street Fund. Additional General Fund savings have been achieved through the delay of transfers -out from Dept 20 and will be made on a as need- ed basis. The $2 million variance in transfer out constitute the budget for removal of the flood mitigation devices. This bud will be moved to 2012 through the budget amendment process. Special Revenue Funds Special revenue funds declined $1.7 million in the third quarter brinin, the year -to -dale decrease to $2.0 million. The 104 Arterial Street Fund was the lamest contributors to this decline as discussed below. Fund 104- Arterial Street. The third quarter fund balance decline is due to capital expenditures exceedin(I corresponding revemre. 'Third quarter revenue was slightly lower than second quarter revenue. Ex- penditure activity Continued on the SOUthcenter Access Project and the Southceuter Parkway Extension Projects. A deficit was planned for the vear- the actual year -to -date deficit of $2.6 million is hi( than the prorated budget deficit of $157,000. However, beuinninu fund balance is $6 million hi"her than budget due partially to the $4.3 million in unspent 2010 debt proceeds remaining at the begin- ninu of the year. 'These funds are available to cover costs of the SOUthcenter Parkway Extension project. Both revenue and expend- itures are below budget at 29.33 and 36.75 respectively due to the timing" of Construction activity and certain Construction delays. The fund had $7.1 million in cash and investments at quarter -end. ACTUAL FUND BALANCES Variance I CHANGE IN FUND BALANCES YTD FUND BALANCES GOVERNMENTAL 125,700 ACTUAL BUDGET ACTUAL BUDGET Variance 65,248 Special Revenue (682,016) (81,010) (601,006) 12/31 /2010 03/31/2011 06/30/2011 09/30/2011 YTD 301 Parks Acq Fund 4,773,512 4,792,089 4,850,322 4,976,022 12/31/2010 03/31/2011 06/30/2011 09/30/2011 YTD Q3 YTD YTD YTD 101 Hotel /Motel Tax Fund 850,106 899,916 686,669 695,881 538,964 9,211 (154,226) (261,036) 106,810 103 Street Fund 607,646 670,123 732,390 794,510 553,378 62,119 186,864 53,378 133,486 104 Arterial Street Fund 11,053,410 11,623,721 10,264,965 8,470,882 4,842,102 (1,794,083) (2,582,528) (157,898) (2,424,629) 105 Contingency Fund 889,470 1,456,606 1,457,270 1,457,451 1,193,362 181 567,982 301,362 266,620 107 Fire Equip Cum Reserve 744,890 745,366 810,615 858,123 737,253 47,508 113,233 97,253 15,979 109 Drug Seizure Fund 316,024 283,337 137,237 160,784 139,000 23,547 (155,240) (81,000) (74,240) Total Special Revenue $14,461,545 $15,679,070 $14,089,147 $12,437,630 J$ 8,004,059 1 $(1,651,517) $(2,023,915)1 (47,941)1 $(1,975,974) Special revenue funds declined $1.7 million in the third quarter brinin, the year -to -dale decrease to $2.0 million. The 104 Arterial Street Fund was the lamest contributors to this decline as discussed below. Fund 104- Arterial Street. The third quarter fund balance decline is due to capital expenditures exceedin(I corresponding revemre. 'Third quarter revenue was slightly lower than second quarter revenue. Ex- penditure activity Continued on the SOUthcenter Access Project and the Southceuter Parkway Extension Projects. A deficit was planned for the vear- the actual year -to -date deficit of $2.6 million is hi( than the prorated budget deficit of $157,000. However, beuinninu fund balance is $6 million hi"her than budget due partially to the $4.3 million in unspent 2010 debt proceeds remaining at the begin- ninu of the year. 'These funds are available to cover costs of the SOUthcenter Parkway Extension project. Both revenue and expend- itures are below budget at 29.33 and 36.75 respectively due to the timing" of Construction activity and certain Construction delays. The fund had $7.1 million in cash and investments at quarter -end. Capital project funds increased $139,086 for the quarter mainly due to impact fees collected for by the Parks Acquisition Fund and Fire Impact Fee Fund. Third quarter expenses for the Fund 303 General CHANGE IN FUND BALANCES ACTUAL Capital Project Funds Variance 03 YTD FUND BALANCES YTD 125,700 GOVERNMENTAL (313,859) ACTUAL BUDGET (24,608) Capital Project 65,248 (119,448) (682,016) (81,010) (601,006) 12/31 /2010 03/31/2011 06/30/2011 09/30/2011 YTD 301 Parks Acq Fund 4,773,512 4,792,089 4,850,322 4,976,022 4,186,142 302 Facility Replacement Fu 2,058,647 2,051,032 2,043,779 2,034,039 1,910,145 303 General Govlmprovemei 1,553,018 1,397,115 990,450 871,002 318,990 304 Fire Impact Fee Fund 156,018 165,331 168,919 311,493 177,575 Total Capital Project 8,541,195 8,405,568 8,053,470 8,192,557 6,592,852 Capital project funds increased $139,086 for the quarter mainly due to impact fees collected for by the Parks Acquisition Fund and Fire Impact Fee Fund. Third quarter expenses for the Fund 303 General CHANGE IN FUND BALANCES ACTUAL BUDGET Variance 03 YTD YTD YTD 125,700 202,510 (313,859) 516,368 (9,740) (24,608) (89,855) 65,248 (119,448) (682,016) (81,010) (601,006) 142,574 155,475 37,575 117,900 139,086 (348,639)1 (447,149)1 98,510 Improvement are mainly due to the additional expenses related to the installation of the emergency generator for 6300 building. Page 2011 THIRD QUARTER FINANCIAL REPORT 3 $7 $6 $5 c $4 0 $3 $2 $1 Enterprise Fund Balances By Fund $5.9 401 -Water Fund $4.3 402 -Sewer Fund 3.4 $2.7 $2.3 $2.6 $3.6 $2.€ $1.8 $2.2 $0 Dec 2010 Mar 2011 Jun 2011 Sep 2011 411 Faster Golf Fund 412 Surface Water Fund ENTERPRISE FUNDS 401 Water Fund 402 Sewer Fund 411 Foster Golf Fund 412 Surface Water Fund ENTERPRISE FUNDS Jun 2011 Sep 2011 411 Faster Golf Fund 412 Surface Water Fund Fund 401- Water. The Water fund realized a fund balance decline Fund 411 -Golf Course. The Golf COUI Se realized a fund balance of $425 thousand durin." the quarter, which is an increase of $95 increase of $22 thousand, brinuinu the year -to date deficit to $195 thousand from the second quarter deficit of $320 thousand. Water thousand. Revenues and expenses throu the third quarter are revenue through the third quarter is at 78.71 of budget, but the cost 70.37% and 67.48% of budget. to purchase water is (Ireater than bud(let by $93 thousand or 79.52% of budget. Grant revenue of $1,244,271 for the water system as part Fund 412- Surface Water. Due to the timing of the semi annual of the Southcenter Parkway Extension project will not be received billin the third quarter realized an increase in fund balance by until the project is complete. $951 thousand. RevemleS and expenses throu( the third quarter are 96.86(/r and 49.63(7 of bud Fund 402- Sewer. The Sewer fund realized a fund balance decline of $383 thousand for a year -to date decline of $876 thousand. Reve- nues and expenses through the third quarter are 73.19% and 71.87% of budget. The reduction in fund balance is primarily related to inter "overnmental budgeted grant revenue for the SOLIthcenter parkway Extension project not received as of the end of the quarter Page 4 2011 THIRD QUARTER FINANCIAL REPORT El FUND BALANCES I CHANGE IN FUND BALANCES ACTUAL BUDGET ACTUAL BUDGET Variance 12/31/2010 03/31/2011 06/30/2011 09/30/2011 YTD 03 YTD YTD YTD 5,928,552 4,997,667 4,677,391 4,251,834 2,394,524 (425,557) $(1,676,718) (1,305,476) (371,242) 2,658,708 2,560,579 2,165,382 1,782,555 1,494,081 (382,827) (876,153) (1,005,920) 129,767 280,013 (20,676) 61,924 84,201 145,873 22,278 (195,812) (279,127) 83,315 2,290,807 3,442,772 2,621,478 3,572,451 1,127,947 950,973 1,281,644 (572,053) 1,853,696 $11,158,079 $10,980,343 9,526,174 9,691,041 I 5,162,425 1 164,866 $(1,467,039) $(3,162,575) 1,695,537 Fund 401- Water. The Water fund realized a fund balance decline Fund 411 -Golf Course. The Golf COUI Se realized a fund balance of $425 thousand durin." the quarter, which is an increase of $95 increase of $22 thousand, brinuinu the year -to date deficit to $195 thousand from the second quarter deficit of $320 thousand. Water thousand. Revenues and expenses throu the third quarter are revenue through the third quarter is at 78.71 of budget, but the cost 70.37% and 67.48% of budget. to purchase water is (Ireater than bud(let by $93 thousand or 79.52% of budget. Grant revenue of $1,244,271 for the water system as part Fund 412- Surface Water. Due to the timing of the semi annual of the Southcenter Parkway Extension project will not be received billin the third quarter realized an increase in fund balance by until the project is complete. $951 thousand. RevemleS and expenses throu( the third quarter are 96.86(/r and 49.63(7 of bud Fund 402- Sewer. The Sewer fund realized a fund balance decline of $383 thousand for a year -to date decline of $876 thousand. Reve- nues and expenses through the third quarter are 73.19% and 71.87% of budget. The reduction in fund balance is primarily related to inter "overnmental budgeted grant revenue for the SOLIthcenter parkway Extension project not received as of the end of the quarter Page 4 2011 THIRD QUARTER FINANCIAL REPORT El $6 Internal Service Fund Balances By Fund $5.1 $5.1 S47 .m 501- Equlpment $4.o Re place me nt tx G $3.8 $3.8 $3.3 502- Self Insurance Fund 0 2 $3 503 LEOFF Insurance $2 ......$.1 h 6 S1.7 1 .Z Fund X, ,I A $1 Dec 2010 Mar 2011 Jun 2011 Sep 2011 Jun -11 Sep -11 INTERNAL SERVICE FUND BALANCES I CHANGE IN FUND BALANCES FUNDS ACTUAL BUDGET ACTUAL BUDGET Variance 12/31/2010 03/31/2011 06/30/2011 0913012011 YTD Q3 YTD YTD 1 YTD 501 Equipment Replacemen 3,321,984 3,589,750 3,800,349 3,834,617 3,382,597 34,268 512,633 82,597 430,037 502 Self Insurance Fund 4,553,247 4,721,605 5,097,891 5,061,207 4,448,865 (36,684) 507,960 (51,135) 559,095 503 -LEOFF Insurance Fund 1,586,749 1,636,348 1,681,208 1,708,589 1,272,605 27,381 121,840 (77,396) 199,235 INTERNAL SERVICE FUNDS 1$ 9,461,981 9,947,703 $10,579,448 $10,604,413 1$ 9,104,066 1 24,966 1,142,433 1$ (45,934)1 1,188,367 Fund 501- Equipment Replacement. Expenditures increased in the Fund 503 -LEOFF Insurance. Third quarter activity added third quarter by $162,285 as equipment purchases were made to $27,381 to the fund balance. The year -to -dale increase in fund bal- outfit the new police vehicles. Revenues and expenses throu the ante of $121,840 is $199,236 more than the year -to -date projected third quarter are 75.14 and 55.89 of budget, resulting" in an in- deficit of $77,396. The fund had cash and investments of $1.8 mil crease to the year -to -dale fund balance by $512,633. lion at quarter -end. Fund 502 Insurance. Employee healthcare costs have Continued to remain consistent throu 2011 and in line with bud"eted revenues. The fund balance year -to -date increased by $512,633 with an end in cash and investment balance of $6.3 million. Page 5 Internal Service Fund Balance Combined 2011 THIRD QUARTER FINANCIAL REPORT 5 x COUNCIL AGENDA SYNOPSIS Initialr ITEMNO. Meeting Date I Prepared by I Mayor's review I Coa7cil revien) 11/28/11 1 PM jAe I r aA�, 5.A 12/05/11 PM ITEM INFORMATION CAS NUMBLiR: STAFF SPONSOR: PEGGY MCCARTHY ORI(.;IN,U_.AGI�,NI)A DA'rl 11/28/11 Ac,I,NDA ITI,N,I TITLJ An ordinance amending the 2011 -2012 budget. Cxiv(,ORY Discus.uon Motion Resolution Ordinance .BidAzvard Public Hearin Other 1 Tt Dolc. 11/28/11 d71� Date 11tg Date Vltg Date 12/5/11 A�tg Dnte tllt{ Date 11/28/11 tl11tg Date SPONSOR COU176i1 ,Mayor PR DCD Finance Fire IT 1'611 Police PIV SPONSOR'S The ordinance approves the 2011 -2012 mid biennium budget amendments. The mid SUN4NIARY biennial budget review and modification is undertaken pursuant to RCW 35A.34.130 and TMC 3.30.020. RI .�'a;wl IiY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/08/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Finance CON IN n'I'ITT! No decision; Forward to Committee of the Whole COST IMPACT FUND SOURCE FXNI NDI' Uit I RJ;( )UIRI "I) AMOUNTBUDGETED APPROPRIATION REQUIRED $0 Fund Source: Coinlne»xs: 5 MTG.DATEI RECORD OF COUNCIL ACTION 11/28/11 I Forward to next Regula Meeting MTG. DATE I ATTACHMENTS 11/28/11 I Informational memorandum dated 11/03/11 REVISED Ordinance in draft form with attachments Minutes from the Finance and Safety Committee meeting of 11/08/11 12/05/11 i nrdinance in final form, with new Info Memo dated 11t30/11 7 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: November 30, 2011 SUBJECT: Increase the Contingency (Reserve) Fund Budget Amendment Mid Biennial Review and Modification of the 2011 -2012 Budget ISSUE Increase the 2012 Contingency (Reserve) Fund budget amendment by $500,000 to achieve parity between the 2012 budget and the Financial Planning Model, Attachment A. BACKGROUND The Financial Planning Model, Attachment A, shows $3,000,000 of contributions to the reserve fund in 2012. To bring the 2012 budget to this level, an additional $500,000 must be added to the budget. The existing 2012 budget for this is $1,300,000; the budget amendment that was presented at the November 28, 2011 Committee of the Whole meeting increases the budget by $1,200,000. The $500,000 addition to the budget amendment would bring the total 2012 budget to $3,000,000. DISCUSSION To achieve consistency between the 2012 budget and the Financial Planning Model, Attachment A, the budget amendment for the General Fund contribution to the Contingency (Reserve) Fund must be increased by $500,000. The Contingency Fund line on the budget amendment ordinance must be increased by the $500,000 as well. RECOMMENDATION The Council is being asked to approve this adjustment to the budget amendments in conjunction with approval of the budget amendments presented at the November 28, 2011 Committee of the Whole meeting. ATTACHMENTS Final Ordinance in strike through underline format, with attachments 9 10 A� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2319, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2011 -2012 BIENNIUM, TO ADOPT AN AMENDED MID BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 22, 2010, Ordinance No. 2319 adopted the 2011 -2012 biennial budget of the City of Tukwila; and WHEREAS, a mid biennium budget amendment was presented to the City Council in a timely manner for their review, in accordance with RCW 35A.34.130; and WHEREAS, a public hearing on the proposed mid biennium budget amendment was advertised and held on November 28, 2011; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2319 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila 2011 -2012 Mid Biennium Budget Amendment," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: EXPENDITURES $114,598,514 $3,796,633 $1,755,171 $56,202,266 $5 755,7081 $4,489,882 1 W: Word Process ing \Ordinances \Budget amendment- 2011 -2012 mid biennium strike -thru 11 -29 -11 JF /PM:bjs REVENUES $114,598,514 $3,796,633 $1,755,171 $56,202,266 $&-,2 $5,755,708 $4,489,882 (continued..) Page 1 of 2 11 FUND 000 General 101 Hotel /Motel Tax 103 Residential Street 104 Arterial Street 105 Contingency 209 Limited Tax G.O. Bonds, 2003 EXPENDITURES $114,598,514 $3,796,633 $1,755,171 $56,202,266 $5 755,7081 $4,489,882 1 W: Word Process ing \Ordinances \Budget amendment- 2011 -2012 mid biennium strike -thru 11 -29 -11 JF /PM:bjs REVENUES $114,598,514 $3,796,633 $1,755,171 $56,202,266 $&-,2 $5,755,708 $4,489,882 (continued..) Page 1 of 2 11 Section 3. Copies on File. A complete copy of the final budget for 2011 -2012, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. 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 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 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 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: City of Tukwila 2011 -2012 Mid Biennium Budget Amendment W: Word Processing \Ordinances \Budget amendment 2011 -2012 mid biennium strike -thru 11 -29 -11 JF /PM:bjs Page 2 of 2 12 FUND I EXPENDITURES REVENUES 211 LTGO Refunding Bonds, 2008 I $1,681,171 1 $1,681,171 215 Limited Tax G.O. Bonds, 2010B I $386,9001 $386,900 404 Water /Sewer Revenue Bonds I so! $0 411 Foster Golf Course I $4,855,278 1 $4,855,278 Section 3. Copies on File. A complete copy of the final budget for 2011 -2012, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. 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 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 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 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: City of Tukwila 2011 -2012 Mid Biennium Budget Amendment W: Word Processing \Ordinances \Budget amendment 2011 -2012 mid biennium strike -thru 11 -29 -11 JF /PM:bjs Page 2 of 2 12 CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT SUMMARY 13 2011 -2012 Mid Biennial Adjusted Adopted Budget 2011 -2012 Budget Adjustment Budget Fund 000 General 114,498,450 100,064 114,598,514 101 Hotel /Motel Tax 3,758,033 38,600 3,796,633 103 City Street 1,535,171 220,000 1,755,171 104 Arterial Street 49,186,266 7,016,000 56,202,266 105 Contingency 3,889,448 1,866,260 5,755,708 107 Fire Equipment Cumulative Reserve 1,673,041 1,673,041 109 Drug Seizure Fund 614,000 614,000 207 Limited Tax G.O. Bonds, 1999 208 Limited Tax G.O. Bonds, 2000 209 Limited Tax G.O. Bonds, 2003 1,186,922 3,302,960 4,489,882 210 Limited Tax G.O. Refunding Bonds, 2003 1,002,825 1,002,825 211 Limited Tax G.O. Refunding Bonds, 2008 1,667,871 13,300 1,681,171 212 Limited Tax G.O. Bonds, 2009A 60,350 60,350 213 Limited Tax G.O. Bonds, 2009B 509,043 509,043 214 Limited Tax G.O. Bonds, 2010A 789,750 789,750 215 Limited Tax G.O. Bonds, 20108 380,900 6,000 386,900 216 Limited Tax G.O. Refunding Bonds Valley Com 403,900 403,900 301 Land Acquisition, Recreation Park Development 9,792,015 9,792,015 302 Facility Replacement 3,891,877 3,891,877 303 General Government Improvements 3,658,109 3,658,109 304 Fire Improvements 430,300 430,300 401 Water 17,413,433 17,413,433 402 Sewer 15,802,626 15,802,626 404 Water /Sewer Revenue Bonds 1,322,822 (1,322,822) 405 Bond Reserve 822,000 822,000 411 Foster Golf Course 4,305,278 550,000 4,855,278 412 Surface Water 9,867,549 9,867,549 501 Equipment Rental 11,418,895 11,418,895 502 Insurance Fund 17,563,949 17,563,949 503 Insurance LEOFF 1 Fund 3,754,886 3,754,886 611 Firemen's Pension 2,995,616 2,995,616 Total $284,195,325 11,790,362 295,985,687 13 CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT DETAIL Biennial Budget Increase (Decrease) 2011 2012 Revenues Expenditures Revenue Backed Expenditures Revenue: JAG Recovery Act Mobile Command Unit 000.339.216.80 40 104,417 EMPG grant 000 333.970.42.00 82,210 Signal pole damage to be reimbursed by insurance (WCIA) 000 344 100.00 00 50,000 JAG grant with Tukwila School distrist 76,437 (a) Total Revenue 230,854 82,210 313,064 Expenditures JAG Recovery Act Mobile Command Unit 000.10.594.216.64 00 previously not budgeted 104,417 JAG grant with Tukwila School distrist 000.10.xxx.xxx.xx 76,437 (a) Emergency Management CERT Trainer other 000 11.525.600.xx.xx 82,210 Repair costs Signal pole 000 16 594 440.64.00 50,000 Total Expenditures 230,854 82,210 313,064 Reallocation of Budget Among Departments Expenditures: City Attorney Special Matters 000.06.515.200.41 03 160,000 Parks Maintenance: Salaries 000.15.576.80011.00 60,000 Dept 20 Claims and judgements 000.20 514.230 49.03 100,000 Public Works Unallocated budget reduction (dept underbudget) 000 13.532.100.00.05 (120,000) Mayors Unallocated budget reduction (dept underbudget) 000.03.513.100.00.05 (90,000) Parks Recreation Unallocated budget reduction (dept underbudget) 000 07.574.200 00.05 (110,000) Total Expenditures Carryover of Unused Budget Expenditures: City Clerk Agenda Manager technology system 000.03.514.300.64.00 (21,000) 21,000 Police Crime Analytical Software 000.10.594.100.64.00 (15,000) 15,000 Dept 20 Transfers -out (Fund 303, Gen Govt) 000.20.597.000 00.00 (2,000,000) 2,000,000 Est Ending Unreserved Fund Balance 000.20.291.840.00.00 2,036,000 (2,036,000) Total Expenditures Council Decisions Budget Additions Revenue Indirect cost allocation transfer -in 000.397 000.00.00 (213,000) (a) (213,000) Total Revenue (213,000) Expenditures: Dept 20 Transfers -out (Fund 105, Reserve) 000.20.597.000 00.00 166,260 1,700,000 (b) Dept 20 Transfers -out (Fund 103, Residential Street) 000.20 597.000.00.00 220,000 (a) Dept 20 Transfers -out (Fund 411, Golf Course Fund) 000.20.597.000.00.00 550,000 Dept 20 TransferS -OUt (Fund 212 and 213 SCORE debt service, not chgd by SCORE) 000.20 597 000 00.00 (250,000) Dept 20 Transfers -out (Fund 215, debt service) 000.20.597 000.00.00 6,000 Dept 20 Loan to Park District 000.20.599.000.xx.xx 375,000 725,000 DCD Proposed Permit System 000.08.xxx.xxx.xx.xx 175,000 Est Ending Unreserved Fund Balance 000.20.291.840.00.00 (847,260) (3,033,000) Total Expenditures (213,000) (213,000) 14 CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT DETAIL Biennial Budget Increase (Decrease) 2011 2012 Revenues Expenditures New Initiatives COP Bicycle Team Revenue Backed Expenditures Expenditures Revenue Police Department: 104.33x.xxx.xx.xx 6,600,000 (a) Grant Revenue Tukwila Urban Center 104.333.203.XX.XX Unallocated budget reduction (dept underbudget) 000. 1 0.xxx.xxx.xx.xx (220,000) 7,016,000 7,016,000 Salaries and benefits for 3 officers 000.10.xxx.xxx.xx.xx 345,000 Land Right of way Transit Center 104.98.595.800.61 00 Care and custody of prisoners (SCORE savings) 000.10.523.600.51 00 Est Ending Unreserved Fund Balance (125,000) 6,522,000 (a) Est Ending Unreserved Fund Balance (2011 carry 7,016,000 7,016,000 FUND TOTAL over from Police dept) 000.20.291.840.00 00 220,000 (220,000) Fund Total 100,064 100,064 (9,230,000) 9,230,000 Total Revenue (9,230,000) 9,230,000 Revenue Backed Expenditures Professional Services Construction Revenue Southcenter Parkway 104 98.595 800.xx.xx (9,230,000) 9,230,000 Other Revenue Competitor Group 101.369.900.00.00 38,600 9,230,000 Ending fund balance Total Revenue 38,600 38,600 7,016,000 7,016,000 Expenditures Professional services Rock N Roll Marathon 101.00.557.302.41.00 38,600 Total Expenditures 38,600 38,600 FUND TOTAL 38,600 38,600 Council Decisions Budget Additions Revenue Transfer in 103 397 000.00 00 220,000 (a) Total Revenue 220,000 220,000 Expenditures: Professional Services /construction 103.98.595.xx.xx.xx 220,000 (a) Total Expenditures 220,000 220,000 FUND TOTAL Carryover of Unused Budget Expenditures Professional Services 103.98.595.800 41.00 (130,000) 130,000 Est Ending Unreserved Fund Balance 103.01.291.840 00.00 130,000 (130,000) Total Expenditures FUND TOTAL 220,000 220,000 15 Revenue Backed Expenditures Revenue Grant Revenue various 104.33x.xxx.xx.xx 6,600,000 (a) Grant Revenue Tukwila Urban Center 104.333.203.XX.XX 416,000 Total Revenue 7,016,000 7,016,000 Expenditures Land Right of way Transit Center 104.98.595.800.61 00 494,000 Est Ending Unreserved Fund Balance 104.01.291.840.00 00 6,522,000 (a) Total Expenditures 7,016,000 7,016,000 FUND TOTAL Carryover of Unused Budget Revenue: Debt proceeds 104.391.100 00.00 (9,230,000) 9,230,000 Total Revenue (9,230,000) 9,230,000 Expenditures Professional Services Construction Southcenter Parkway 104 98.595 800.xx.xx (9,230,000) 9,230,000 Total Expenditures (9,230,000) 9,230,000 Ending fund balance Fund total 7,016,000 7,016,000 15 CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT DETAIL Biennial Budget Increase (Decrease) 2011 2012 Revenues Expenditures Council Decisions Budget Additions Revenue. Transfer in General Fund 105 397.000.00.00 166,260 1,700,000 (b) Total Revenue 166,260 1,700,000 1,866,260 Expenditure Est Ending Unreserved Fund Balance 105.00.291 840.00.00 166,260 1,700,000 Total Expenditures 166,260 1,700,000 1,866,260 Fund total 1,866,260 1,866,260 Accounting Modifications: Expenditure: Transfer out 207.00.597.000 00 00 13,300 Est Ending Unreserved Fund Balance 207.00.291.840.00 00 (13,300) Total Expenditures Fund 207 total Revenue Transfer in Fund 207 211 397.000 00.00 13,300 Total Revenue 13,300 13,300 Expenditure. Est Ending Unreserved Fund Balance 211.00.291 840.00.00 13,300 Total Expenditures 13,300 13,300 Fund 211 total Council Decisions Budget Additions Revenue: Transfer in General Fund 215.397.000.00.00 6,000 Total Revenue 6,000 6,000 Expenditure: Principal payment 215.00.592.950.83.00 6,000 Total Expenditures 6,000 6,000 Fund total Revenue: Transfer in Land Park Acquisitions 209 397.301.00.00 3,302,960 (a) Total Revenue 3,302,960 3,302,960 Expenditure: Debt service payment 209 00.xxx.xxx.xx.xx 333,751 (a) Est Ending Unreserved Fund Balance 3,302,960 (333,751) (a) Total Expenditures 3,302,960 3,302,960 Fund total 3,322,260 3,322,260 Council Decisions Budget Additions Expenditure Transfer out to debt service fund 301.00.597.209 00 00 3,302,960 (a) Land 301.98.594.760 61.00 1,000,000 Est Ending Unreserved Fund Balance 301.00.291.840.00.00 (3,302,960) (1,000,000) (a) Total Expenditures Fund total Carryover of Unused Budget Expenditure' Construction project 302.98.594 190.xx.xx (87,000) 87,000 Est Ending Unreserved Fund Balance 302.00.291.840.00.00 87,000 (87,000) Total Expenditures Fund total W CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT DETAIL Council Decisions Budget Additions Construction Projects Est Ending Unreserved Fund Balance Total Expenditures Fund total 303.98.594 190 65.00 600,000 303.00.291 840 00.00 (600,000) (2,000,000) 2,000,000 Biennial Budget Increase (Decrease) Council Decisions Budget Additions Expenditure: AN Accounting Modification 1995 Revenue bond principal ($1,370,000 payoff less December payment) 401.01.597.720 00 00 1,080,000 1995 Revenue bond principal 401.01.597.720 00.00 (310,000) 1995 Revenue bond interest 401.01.597.820.00.00 (80,494) Est Ending Working Capital 401.02.293.800.00.00 (1,080,000) 390,494 Accounting Modification 120,000 (120,000) 2006 Revenue bond principal 401.01.597.720.01 00 (33,800) 2006 Revenue bond interest 401.01.597.820.01.00 (29,627) 2006 Revenue bond principal 401.02.582.347.72.00 33,800 2006 Revenue bond interest 401.02.592.347 83.00 29,627 Total Expenditures 402.02.293.800.00.00 Fund total (416,000) Carryover of Unused Budget AN Accounting Modification Expenditure: Revenue. Construction Projects 402.98.594.353 65.00 (120,000) 120,000 Est Ending Working Capital 402.02.293 1995 Revenue bond principal Water /Sewer 800 00.00 120,000 (120,000) Council Decisions Budget Additions 2006 Revenue bond principal Water /Sewer 404.397.720 01.00 (123,600) (127,308) Professional Services 402.98.594.353.xx.xx (117,264) (120,782) 416,000 2006 Revenue bond interest Water /Sewer Est Ending Working Capital 402.02.293.800.00.00 (131,287) (416,000) Accounting Modification (671,185) (1,322,822) Expenditure 2006 Revenue bond principal 402.01.597.720.01.00 Est Ending Working Capital 404.00.293.800.00 00 (53,435) (80,600) 2006 Revenue bond interest 402.01.597.820.01.00 404.00.582.380.72.00 (290,000) (310,000) (70,649) 2006 Revenue bond principal 402.02.582.357.72.00 (105,600) (105,600) 80,600 2006 Revenue bond interest 402.02.592.357.83.00 (71,937) 2006 Revenue bond interest Water /Sewer 70,649 Total Expenditures (99,896) General Government transfer to General Fund 404.00.597.190.00.00 Fund total Total Expenditures (651,637) (671,185) a as J I AN Accounting Modification Revenue. Investment interest 404.361 110.00 00 (60) (60) 1995 Revenue bond principal Water /Sewer 404.397.720.00.00 (283,250) (291,748) 2006 Revenue bond principal Water /Sewer 404.397.720 01.00 (123,600) (127,308) 1995 Revenue bond interest Water /Sewer 404.397.820.00.00 (117,264) (120,782) 2006 Revenue bond interest Water /Sewer 404.397 820.01 00 (127,463) (131,287) Total Revenue (651,637) (671,185) (1,322,822) Expenditure Est Ending Working Capital 404.00.293.800.00 00 (53,435) (77,341) 1995 Revenue bond principal Water /Sewer 404.00.582.380.72.00 (290,000) (310,000) 2006 Revenue bond principal Water /Sewer 404.00 582.380.72.01 (105,600) (105,600) 1995 Revenue bond interest Water /Sewer 404 00.592.380.83.00 (92,068) (71,937) 2006 Revenue bond interest Water /Sewer 404 00.592.380.83 01 (104,310) (99,896) General Government transfer to General Fund 404.00.597.190.00.00 (6,224) (6,411) Total Expenditures (651,637) (671,185) (1,322,822) Fund total (1,322,822) (1,322,822) 17 CITY OF TUKWILA 2011 -2012 MID BIENNIUM BUDGET AMENDMENT DETAIL Biennial Budget Increase (Decrease) 2011 2012 Revenues Expenditures Council Decisions Budget Additions Revenue: Transfer in General Fund 411.397.190 00.00 550,000 (a) Total Revenue 550,000 550,000 Expenditure: Indirect cost allocation 411.00.597.000.00.00 (213,000) (a) Small Tools Minor Equipment 411.00.576.680.35 00 114,210 Est Ending Working Capital 411.00.293.800.00 00 435,790 213,000 Total Expenditures 550,000 550,000 Fund total 550,000 550,000 Carryover of Unused Budget Expenditures: Professional Services 412.98.594.382.41.00 (225,000) 225,000 Land 412.98.594.382.61.00 (40,000) 40,000 Construction Projects 412.98.594.382.65.00 (333,000) 333,000 Est Ending Working Capital 412.02.293.800 00.00 598,000 (598,000) Fund total INCREASE IN BIENNIAL BUDGET $11,790,362 11,790,362 (a) Represents an adjustment added since review of the budget amendments by the Finance Safety Committee on November 8th. (b) Amount increased by $500,000 to achieve $3,000,000 reserve contribution for 2012; $1 3M exists in the budget. COUNCIL AGENDA SYNOPSIS Lzitialr--------------------------- ITEMNO. Meetiizq Date Prepared by I Mayor's review Council review 11/28/11 I PM A 12/05/11 I PM L I I 5. CAS NII,%4BI1 IZ: A(;E'NDA I'1'I?M TPl'1.r ITEM INFORMATION S1'AF SPONSOR: PEGGY MCCARTHY ORIGINAI,AG1-!.NI)A DA'1'13: 11/28/11 Resolution adopting the 2012 -2017 Financial Planning Model and Capital Improvement Program C.� 1'I,GORY ®Discu.crion ❑Motion ®Ke.rolutian ❑Ordinance ❑BidAzvard ®Pu6lic.Hearing Other Altg Da 11/28/11 11tg Date t17tg Date 12/05/11 A1tg Date tVltg Date tl2tg Date 11/28/11 MIS Date 11/21/11 SP( )NSOR Council ACayor HR DCD .Finance .Fire IT P &R Police ®.PIV SPONSOR'S This resolution will adopt the 2012 -2017 Financial Planning Model and Capital SUINIMARY Improvement Program with a Public Hearing on 11/28/11. Council reviewed the Proposed 2012 -2017 CIP at the Budget Workshops held on 10/25/11 and 11/21/11. R1XIl m COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte arts Comm. Parks Comm. Planning Comm. DATE: N/A SPECIAL SESSION 11/21 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Finance and Public Works COM'N4I'I "17 L; COST IMPACT FUND SOURCE EXPkND1'1'1.11Z1 RI QUIR "D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 11/21/11 Council briefing and discussion 11/28/11 Forward to next Req_uiar Meeting 12/5/11 MTG. DATE I ATTACHMENTS 11/28/11 I Informational Memorandum dated 11/22/11 Attachments A, B, and C Attachment G Draft Resolution 12/05/11 IFinal Resolution,.with new Info Memo dated 11/30/11 and attachments 19 20 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM DATE Mayor Haggerton Tukwila City Council Peggy McCarthy, Interim Finance Director November 30, 2011 SUBJECT: Revisions to Financial Planning Model Attachment A, B and G 2012 2017 Financial Plannin4 Model and Capital lmnrovement Proi4ram ISSUE Incorporate changes discussed at the November 28, 2011 Committee of the Whole Council meeting into the Financial Planning Model, Attachment A, Attachment B and Attachment G. BACKGROUND Changes as listed below have been incorporated into the Financial Planning Model presented at the November 28, 2011 Committee of the Whole meeting: Reference Line Description Action Taken Attachment A Operations Costs were increased via Attachment B to reflect the Maintenance new COPS initiative. Attachment A Estimated Unfunded Costs were revised based on updated calculation; See PERS Unfunded PERS Liability Projection attached to this memo and comments under Discussion below. Attachment A Unfunded PERS balance Attachment B Police Attachment G Accumulated Totals Eliminated this line which reflected the cumulative set aside for this liability. Increased costs in 2013 2017 to reflect additional costs of new COPS initiative. Changed the line description to Cash /investment balance DISCUSSION The unfunded PERS liability is estimated based on the differential between the current employer contribution rate of 7.25% and the projected "pessimistic" rates for 2013 -2017 provided by the Office of the State Actuary. The PERS expense is also increased through the model in Attachment B at a rate of 4.5% per year. Treatment of the unfunded PERS liability in the model will be addressed in 2012 in conjunction with development of standard budgeting and modeling policy and procedures. RECOMMENDATION The Council is being asked to approve these changes and adopt the Resolution for the 2012 2017 Financial Planning Model and Capital Improvement Program at the December 7, 2009 Regular Meeting. ATTACHMENTS Attachment A Attachment B Attachment G Unfunded PERS Liability Projection Schedule including Current Contribution rates -Office of the State Actuary Projected Employer Contribution Rates 21 22 ATTACHMENT A CITY OF TUKWILA TOTAL REVENUES EXPENDITURES 2012 2017 Analysis in 000's TOTAL REVENUE AVAILABLE 50,122 2010 2011 2011 Actual Budget Estimate 16,060 13,189 4,064 1,498 2,110 2,071 3,985 1,696 1,189 2,386 48,248 15,400 13,530 4,723 1,900 700 1,426 2,586 2,000 4,338 1,475 872 2,432 51,382 16,200 13,800 4,800 1,465 10 1, 500 2,400 2,000 4,345 1,837 949 2,400 51,706 379 394 62 0 144 979 49,227 201 339 18 64 108 730 52,112 250 360 100 99 133 942 52,648 EXPENDITURES 2009 REVENUES (see A -1) Actual General Revenues Operations Maintenance Sales Tax 14,739 Property Taxes 12,190 Utility Taxes 4,942 RGRL 88,585 One -time sale of property Debt Service Interfund Utility Taxes 1,813 Gambling Taxes 2,568 Contract Agreement SCL 1,967 Charges /Fees for Services 2,727 Transfers In Other Funds 1,857 Intergovernmental Revenue 3,572 Other Taxes /Miscellaneous 2,793 Subtotal 49,168 Dedicated Revenues (Capital) 384 Real Estate Taxes 257 Motor Vehicle Taxes 393 Investment Interest/Misc. 136 Property Taxes 12 Parking Taxes 156 Subtotal 954 TOTAL REVENUE AVAILABLE 50,122 2010 2011 2011 Actual Budget Estimate 16,060 13,189 4,064 1,498 2,110 2,071 3,985 1,696 1,189 2,386 48,248 15,400 13,530 4,723 1,900 700 1,426 2,586 2,000 4,338 1,475 872 2,432 51,382 16,200 13,800 4,800 1,465 10 1, 500 2,400 2,000 4,345 1,837 949 2,400 51,706 379 394 62 0 144 979 49,227 201 339 18 64 108 730 52,112 250 360 100 99 133 942 52,648 EXPENDITURES 16,492 16,739 17,241 17,759 Operations Maintenance 44,641 43,640 45,335 44,100 (See Attachment B) 15,308 15,690 88,585 4,840 Debt Service 2,094 2,331 2,925 2,750 Transfer to Reserve Fund 0 0 400 1,500 Estimated Unfunded PERS 0 0 0 0 Admin /Engineering Overhead 497 552 384 515 Subtotal Available 2,890 2,704 3,068 3,783 Caoital Attachment C 10,165 2,502 2,577 2,654 Residential Streets 0 32 (80) 20 Arterial Streets /Bridges 5,560 1,202 2,705 2,000 Parks Trails 0 315 590 (43) General Government 4,833 26,967 1,656 1,706 Facilities 193 16 101 10 General Imp /HHD Response 2,612 1,740 2,144 326 Fire Improvements 0 0 0 (50) Subtotal Capital 8,365 3,305 5,460 2,263 Balance by Year (5,475) (601) (2,392) 1,520 Carryover from 2011 26,556 21,082 18,640 20,480 Accumulated Totals (a) 21,081 20,481 16,248 22,000 Reserve fund balance (b) 377 388 400 1,500 TOTAL FUND BALANCE RESERVES 133 137 141 145 (a) Represents ending fund balance of all governmental funds except the Hotel /M (b) Represents the ending fund balance of the Contingency Fund 105. 68 2012 2017 Financial Planning Model 2012 2013 2014 2015 2016 2017 Totals 16,248 16,492 16,739 17,241 17,759 18,291 102, 7Z0 13,868 14,215 14,570 14,934 15,308 15,690 88,585 4,840 4,985 5,135 5,289 5,447 5,611 31,307 1,475 1,512 1,550 1,588 1,628 1,669 9,422 0 1,000 0 0 0 0 1,060 1,524 1,545 1,628 1,741 1,820 1,907 10,165 2,502 2,577 2,654 2,734 2,816 2,901 16,184 2,050 2,112 2,175 2,240 2,307 2,377 13,260 4,169 4,294 4,423 4,556 4,692 4,833 26,967 1,656 1,706 1,757 1,810 1,864 1,920 10,712 1,182 873 900 927 954 983 5,819 1,609 1,657 1,707 1,758 1,811 1,865 10,408 51,123 52,968 53,237 54,818 56,407 58,046 326,599 200 206 212 219 225 232 1,294 345 355 366 377 388 400 2,232 129 133 137 141 145 150 834 65 67 68 70 72 74 415 111 114 118 121 125 129 718 850 875 901 928 955 984 5,493 51,973 53,843 54,138 55,746 57,362 59,030 332,092 45,210 47,229 49,355 51,575 53,896 56,322 3,279 6,037 3,130 2,643 2,414 2,406 3,000 3,400 3,500 548 564 580 302 316 330 555 580 606 309 318 328 338 348 358 (127) (3,457) (2,504) 87 (440) (1,242) 650 0 200 500 2,800 0 (3,769) 2,550 1,935 2,865 1,945 2,035 1,119 338 142 142 (58) (54) 100 (4,355) 0 0 0 0 2,715 500 500 500 500 500 (50) 0 0 0 (50) (55) 765 (967) 2,777 4,007 5,137 2,426 (892) (2,490) (5,281) (3,920) (5,577) (3,668) 22,000 0 0 0 0 0 303,587 19,909 11,593 2,687 1,999 (7,683) 4,150 7,561 1,629 (4,255) 5,215 (155) 14,145 (21,828) 22,000 21,108 18,618 13,337 9,417 3,840 172 4,500 7,900 11,400 11,948 12,512 13,093 25,608 26,518 24,737 21,365 16,352 13,265 otel Tax Fund101 and the Contingency Fund 105 VII 1113012011 23 24 ATTACHMENT B City of Tukwila General Fund Operations Maintenance Expenditures 2012 2017 Analysis in 000's TOTAL EXPENDITURES 43,640 Notes: 2012 2010 EXPENDITURES Actuals City Council 243 Mayor, Boards 2,229 Human Resources 464 Finance 2,183 City Attorney 579 Parks Recreation 4,123 Community Development 2,635 Municipal Court 1,209 Police 13,166 Fire 9,914 Information Technology 953 Public Works /Streets 5,689 Dept. 20 Miscellaneous 253 Transfers to Golf Course 1,829 TOTAL EXPENDITURES 43,640 Notes: 2012 2013 2014 2015 2016 2017 Totals 270 282 295 308 322 336 1,814 2,523 2,637 2,755 2,879 3,009 3,144 16,947 573 599 626 654 683 714 3,849 1,603 1,675 1,751 1,829 1,912 1,998 10,767 543 567 593 620 648 677 3,647 3,509 3,667 3,832 4,005 4,185 4,373 23,571 2,684 2,805 2,931 3,063 3,201 3,345 18,028 994 1,039 1,085 1,134 1,185 1,239 6,677 14,063 14,916 15,587 16,288 17,021 17,787 95,661 10,226 10,686 11,167 11,670 12,195 12,743 68,687 1,154 1,206 1,260 1,317 1,376 1,438 7,751 6,290 6,573 6,869 7,178 7,501 7,838 42,249 553 578 604 631 659 689 3,714 225 225 45,210 47,229 49,355 51,575 53,896 56,322 303,587 A 4.5% increase is anticipated for the years 2013 -2016 due to the expected increases in healthcare, retirement rates, and general inflationary pressures. Most of the increases will be related to salaries and benefits. Moderate cost -of- living allowances (COLAS) are projected along with the normal annual step increases. The Rainy Day contingency and the estimated ending fund balances are not shown here as budgeted amounts because they are considered reserves to be used in emergencies. 2012 2017 Financial Planning Model F.71 11/30/2011 25 26 ATTACHMENT A-1 NOTES TO REVENUES GENERALREVENUES Sales Tax The sales tax estimate for 2012 reflects a 1.5% increase from 2010 actual receipts, plus approximately $1.2 million in mitigation money from the Department of Revenue. The expected increase for 2013 -2015 is 1.5% annually, and 3.0% for 2016 -2017. Property Taxes Tax collections are projected to grow at a rate of 2.5% for 2012 -2017. The estimate is based on increases in assessed values, as determined by the King County Assessor's Office, and new construction and tenant improvements. Utility Taxes A utility tax was approved beginning in 2003 at an initial rate of 4 increased to 5 and to 6% in 2007. The tax applies to electric, natural gas, and communications sales. In 2009, Council adopted a 6% utility tax on solid waste collection in the City and also adopted an interfund utility tax on the water, sewer and surface water funds. Gambling Taxes Estimated revenue for 2012 reflects the projected impact of new gambling activities at the Denny's location. Assuming all other casinos continue operations, the estimates for City revenues are conservative. Contract Agreement Seattle City Light (SCL) The City entered into a contract agreement with SCL in 2003 with a 4% contract payment. The rate was increased to 5% in 2006 and to 6% in 2007. The rate currently remains at 6 Charges /Fees for Services The amount includes Department of Community Development (DCD) revenues consisting of permits, licenses, fees, fines and forfeitures. The 2012 estimate includes $1,909 for licenses and permits and $2,260 for charges for services. Transfers In Other Funds This amount reflects the General fund support for Tukwila's Hotel /Motel Tax fund, the Internal Service funds and the Enterprise funds. This is expected to have a growth rate of 3% annually. Intergovernmental Revenue This amount includes regular on -going revenues such as liquor taxes and profits, emergency services (EMS) allocation and special non recurring grants. 2012 2017 Financial Planning Model VII 27 ATTACHMENT A -1 continued Other Taxes /Miscellaneous This amount includes admission taxes, and developer contributions. Annual growth is projected at 3% for 2012 -2017. DEDICATED REVENUES CAPITAL Real Estate Taxes This revenue source fluctuates as it is driven by property sale transactions. Motor Vehicle Taxes Revenue estimates for 2012 -2017 are based on historical collections. Investment Interest Interest earnings have stabilized and we are projecting very little growth given the current economic outlook. Property Taxes Provides a revenue source for debt service on capital facility replacements. Parking Taxes The parking tax, which began in 1999, is being used for the arterial street program. The growth rate is projected to be flat at the present time. 5 1aMC� Loan to the Metropolitan Park District The loan to the Metropolitan Park District and the subsequent loan payback has not been reflected in the Financial Planning Model because the net effect to fund balance over the 6- year period is less than $500K; it is not considered significant when considered in relation to the planning model taken as a whole. Cash Carryover from 2011 Consists of the General Fund $6,000,000 and the Capital Funds: Streets $700,000, Arterial Streets $7,400,000, Land Acquisition and Parks $5,000,000, Facilities $2,000,000 and General Improvements $900,000 for a total of $22,000,000. Amounts do not include the $2,000,000 balance in the Contingency Fund 105 at 2011 and the total in this fund at 2017 of $8,075,000. 2012 2017 Financial Planning Model Ix I REVENUES Green Fees 1 Sales Tax Iz) Merchandise Sales Power Cart Rentals Concession Proceeds Other Revenue 131 Total Revenues EXPENDITURES Operations Maintenance (4) Indirect Cost Allocation (sl Debt Service X61 Subtotal Golf Capital CIP Program Total Expenditures Cash Flow Year by Year Carryover from 2011 Cash /investment balance 2009 Actual 1,034 328 158 186 19 31 1,756 ATTACHMENT G City of Tukwila GOLF ENTERPRISE FUND 2012 2017 Analysis in 000's 2010 2011 2011 Actual Budget Estimate 2012 2013 1,018 1,200 920 970 970 330 225 775 225 132 148 130 130 130 172 195 173 175 175 80 120 90 95 98 24 24 24 24 24 1,756 1,912 2,112 1 1,619 1,397 1,672 1,600 1,701 1,512 13 13 222 222 378 335 339 339 2,063 1,948 2,262 2,073 0 0 75 67 2,063 1,948 2,337 2,140 (307) (192) (425) (28) 610 220 425 28 303 28 0 1,458 1,448 15 15 (a) 1,473 1,463 66 80 1,539 1,543 80 (147) 2014 2015 2016 2017 Total 1,019 1,019 1,068 1,068 6,114 225 136 136 142 142 816 183 183 191 191 1,098 101 104 107 110 614 25 25 26 26 150 1,464 1,467 1,534 1,537 9,017 1,486 1,521 1,562 1,601 9,076 16 16 17 17 97 1,502 1,537 1,579 1,618 9,173 80 80 82 82 470 1,582 1,617 1,661 1,700 9,643 (118) (151) (127) (163) (626) 80 (67) (185) (335) (462) (626) (a) Indirect cost allocation will be adjusted after an update and review of the cost allocation methodology. 2012 -2017 Financial Planning Model XXI I 1113012011 30 F U F) OC d K a z Z 2 Z D U W_ 0 a W K Q Q N z O V W_ Q a F J m Q a Y O W r W Z Q D LL Z U D O lz O O ll m n h O tvt iA o o 00 r N V N Ln O M c o o N n n O !+1 t? 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n r1 m lD a al Ol l0 l0 ll lc o O n M O m V o o .--I �R o O r ll M O Ln m l0 LD l0 lD Ln l0 m m m o w l al m Ln m N m N m O O V1 m C m O M o Ln LA m m m N m m N O tD n n M Vl M n 111 M N O1 m O V m m m m o n m m m m N o m 7 W .--I m m m m V Ln C m O lD l0 m m m m O LO m V al m N N N V1 N m M n N al W Ln Ll1 Lll M m a V M Ll> O t/1 V n n n V1 L t/1 Llt n m Ll> N Ol n M n n ti L/l n o .-i O .i Ln Lr Ll> Lt V tr N m C n V Lh Lr Lr V ✓1 m M M N N N N N N M .-I .-I N .-1 .-I .--I N N N N N N M N N N N N .-1 N 0 0 In ti N W m m N N 111 n n w w N m m Lll W l m l M O w m m v ID M m m m 1p O I m O n w l0 V I .-I m m Ln V V LD .�-1 w V Lll m m m m m o o o m- O n N N N m l m O a) .--i m O O m V N w ti m n O m O O n m m e-i v n N N W v m n v V t N Ln n rn ri V O V M LD ll Llt 7 7 V Ln n M N n n ll n n O C LO n c al c C V 7 ll V N n Cl n m V V V m M N N Ql al N O Vl V1 Ln l0 O Ln a m C Vl N O t0 N Ln Ln N N N 1p N N Ol m O 41 Qt N N .--i Ll1 .-1 01 O Vl N N l0 n m m M O1 N l0 lD l0 M w N N N m m m m m O m m Ln O .-I O V V v m to l0 m m O ti V V V V V V llt LO O n lD o m c o l0 7 Ln LD '-I N O V V V v v n lD m C Ol V V V m C N .--I e-1 N .-I .-i r-1 N N e-I .--1 .--I .--I N r1 N e-1 N N N .--I a-I N N N H N e .-f a e-1 .--I I .-I .-1 .-i .-I N .-I .-1 .-i .-I .-1 .-I .-I .-i .--1 .--I .-i .-i N N N n L m m N N 11 m m m m m .-M m L m m M 0 0 0 V Ln O N n m to O m m m N V O V O n m 0 0 m Lll W n n m V1 W V V v m m Ol Ql m M L c M m n 0 10 m m .--I m v w V L M m m m n n n m m m n O lO lO N O m n V O n m m m n L ID m m m m n n n m r N N Ol O O M M M M V Ll1 n m ll .--I M M O O O M M m t+1 a LA al LO Ln m M m m w M V Ll> ti N al In m M m m W Lll n m m m M M m Ol N N N N .-I N .-I .-I e-I N N •-i N N .--I .-1 N N N N ri N N .-1 e-1 .-i .-i N e-I N N N .--I ei N ei .-i .-i N r-1 ti ti N e-1 ri N N .--I LD lD m .ti m M N N N Ln Ln V d Ln V N Ql t0 O V LD 0 0 0 M N N m n O M V n n LD N Ql N V N n V 0 0 01 l0 n n Qt V M U1 V1 N V1 l0 n M M N N O n M m .li a 0 .-I Ln M tl1 O O al a 1 01 01 o Ln N M V N N 01 M N O Ol c l N o M N N N Ol O L L N N C m 0 01 M M M N� Ln n n m O M N Q m m M M V Lt> m lD V1 01 N Ol al N M V Vl 0 0 .-i m M M N M LD .(1 n T m M M m N m N N N N .-i .-I .-1 .-I N N N .--I ri N .--I N .--I a--1 N N N N N .--1 N .--I H H N N e-1 N M M V m O O m M 0 L' 0 m a W W N Ln l0 n N n lD l0 lD N V m N c-I m m a m m n l0 O M m N Ql m n l0 LD M I N N n 7 m m M n N N N m N er c n l0 n Ol 0 Lr N c L Ln m LD l l1 N Lll L n n n V v M n o N m o m O n m r to n V LD o m n n a l n of r Lr V L m w a1 01 Ol n M to Ln L!1 Ln N O W N Vl n l0 n v Ln O ul a V Gt V1 01 Vl m n N M m N N N O N Ln M m n V V O V a n m N m V Ln to V1 Ln m M w m m l0 o to 7 V C' V n o 0 0 0 .-I .-1 O V m O Lo Lfl m n N C V V M m O N o Llt O C C V m LD M M 7 V V V a LP N ul w M V V w w w V a a a a LP W N vl M V M M N V V Ln m m m w V V V V 7 N Ln N M W V V V V ID v v m n m m W m 01 N N ri LD 01 LD n m N V Vl Ql m m m 01 .-1 m n O O N N M m LD l0 n M N m N w m m M N O O n l0 N m m m m W C I O m al m lD M n n O C al Lr L<7 M Ol O ltl O Lr� n m N N N N 01 a m .-1 al n .-I .�-I 0 C l0 'i Lll ti Ln ll N N n V al O al r--I O al al al Lr V l0 LD m 111 N O M M. n n <r w m m m O N N e N N N m l!1 O V m h h n n M m m m L O m N N N O V lD m M. m V n n m ci w w o m m n m m� O N w m m N N N m m m m m m ci V m L n Ln Vl m m m m w w n r m m m m m l m V N .--I m m m n .-I al O Ol V 0 0 0 m m C N n v V m to n Lt> Ltl ttl c N n l0 m V LO 1p n O N N LP LD N fi Ln Lt> M V M w n to m O.. m LD l LD cl m n lD tll l rr LP O Ol Il M LD al n O 1 m Ol V M m l0 lD V 1l1 M m r f m n m M m W O a Ol m l0 M O lT Ol Ol m Lq lD lD m m O ti V� M N m N Ol C Vl O O m V N O n n n m V1 N c m l0 N N N V1 V N V1 N n N N n n lD M Ol N al 01 t0 N M M M O V1 M m V O O al m m V m O V M O L m n n n LD m m m m al O m O Lrl V LP m Ln m L m w N n O m m oo n n m m L m m m m w m n n m w L<1 n n n n m m V O ID n n N n n n n m m .--I M m N n m V M n m m w w W n n n n n M m V L O n n n n 0 n n Lrl Ln n t0 O Ol l0 V N 01 n O O R N Ln 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WHEREAS, when used in conjunction with the biennial City budget, the Capital Improvement Program (CIP) and the Financial Planning Model for the period 2012- 2017 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and Capital Improvement Program are not permanent fixed plans, but are guidelines or tools to help reflect future goals and future resources at the time budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2012 -2017 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2012 -2017 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file in the City Clerk's Office. Section 3. The assumptions, revenues and expenditures will be reviewed and updated annually, or as necessary, by the City Council. Section 4. The detail of Capital Improvement Program projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2012 -2017. W: \Word Processing- City\Resolutions \Financial Planning Model CIP 2012 -2017 GL:bjs Page 1 of 2 37 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Financial Planning Model and Capital Improvement Program 2012 -2017 W: \Word Processing- City \Resolutions \Financial Planning Model CIP 2012 -2017 GL:bjs Page 2 of 2 i COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meelinq Date Prepared by I Mayor's review Coulicil reuiex 11/28/11 PM J4w_ tc. �U, B. 12/05/11 I PM 1ewl C I ITEM INFORMATION CAS NUNniI• ;R: I STAF1� SPONSOR: PEGGY MCCARTHY ORIC tN,1I.Ac,I.NDA DA'rI 11/28/11 A(,I.ND,1 I,n;AN4 Tn'i,I An ordinance authorizing refunding of the arterial street portion of the Limited General Obligation Bonds 2003. C.A 1'I?GOIZl' Discuxvion Motion Resolution Ordinance B&A -ward Public Hearing Other dLtg Dale 11/28/11 I2tg Date 11tg Date rl41g Date 1215111 Mtg Date Mlg Date Mtg Date SP( )NS( )It Council Mayor HR DCD .Finance Fire Ih P &R Police PII/ SP( )NSC BR'S The City issued $12,050,000 of limited tax general obligation bonds in 2003 to finance SUN11 NII,1RY arterial street improvements and the construction of the golf course clubhouse. The proposed refunding would defease the bonds outstanding at December 1, 2013, the earliest call date. The savings from the refunding is estimated at $354,651.95 or 4.878 of the refunded bonds with $281,442.17 realized from the arterial street fund portion of the bond issue and $136,209.78 realized from the golf course portion of the bond issue. COW IVItg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 09/20/11 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR /ADNaIN. Finance CONIN11'171?tF, For Discussion; Forward to Committee of the Whole COST IMPACT FUND SOURCE EX1 Rr'()UIRED AMOUNTBUDGETED APPROPRIATION REQUIRED $0 $0.00 $0 Fund Source: Conznients: MTG. DATE 09/26/11 11/28/11 MTG. DATE 09/26/11 11/28/11 12/05/11 RECORD OF COUNCIL ACTION Return to a future Committee of the Whole Meeting Forward to next Reqular Meeting ATTACHMENTS Informational Memorandum dated 09/14/11; revised 9 -21 -11 Draft Bond Refunding Ordinance Sumary of Refunding Results Proposed Refunding of 2003A LTGO Bonds Sumary of Refunding Results Proposed Refunding of 2003A LTGO Bonds Street only Informational Memorandum dated 11/21/11 Ordinance in draft form Minutes from the 9/20/11 F &S and 9/26/11 Committee of the Whole Meetings Ordinance in final form 39 i .m i'Aty Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $5,000,000 PAR VALUE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2011, TO PROVIDE THE FUNDS WITH WHICH TO CARRY OUT AN ADVANCE REFUNDING OF THE CALLABLE PORTION OF THE SHARE OF THE CITY'S LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2003A ALLOCATED TO STREET IMPROVEMENTS, AND TO PAY THE ADMINISTRATIVE COSTS OF THE REFUNDING AND THE COSTS OF ISSUANCE AND SALE OF THE BONDS; PROVIDING FOR AND AUTHORIZING THE PURCHASE OF CERTAIN OBLIGATIONS OUT OF THE PROCEEDS OF THE SALE OF THE BONDS HEREIN AUTHORIZED AND FOR THE USE AND APPLICATION OF THE MONEY DERIVED FROM THOSE INVESTMENTS; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION, AS REFUNDING TRUSTEE; PROVIDING FOR THE CALL, PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; FIXING CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE FINANCE DIRECTOR AS THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE AND ISSUANCE OF THE BONDS; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, pursuant to Ordinance No. 2027, the City heretofore issued the 2003A Bonds (defined below), and by that ordinance reserved the right to redeem the 2003A Bonds prior to their maturity on December 1, 2013, at a price of par plus accrued interest to the date fixed for redemption and WHEREAS, there are presently outstanding $8,400,000 par value of 2003A Bonds, of which $4,605,000 mature on December 1 of each of the years 2014 through 2021, inclusive, and 2023, bear various interest rates from 3.95% to 4.65 and are entirely allocable to street improvements (the "Refunded Bonds and W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 1 of 19 41 WHEREAS, after due consideration, it appears to the City Council that the Refunded Bonds may be refunded by the issuance and sale of the limited tax general obligation refunding bonds authorized herein (the "Bonds so that a substantial savings will be effected by the difference between the principal and interest cost over the life of the Bonds and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan; and WHEREAS, to effect that refunding in the manner that will be most advantageous to the City it is found necessary and advisable that certain Acquired Obligations (defined below) bearing interest and maturing at such time or times as necessary to accomplish the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds and other money of the City, if necessary; and WHEREAS, the City Council deems it to be in the best interests of the City to issue and sell the Bonds to pay the cost of carrying out the Refunding Plan (defined below); WHEREAS, RCW 39.46.040(2) provides that an ordinance authorizing the issuance of bonds may authorize an officer of the City to serve as the City's designated representative and to accept, on behalf of the City, an offer to purchase those bonds so long as the acceptance of such offer is consistent with the terms established by an ordinance that establishes, or sets parameters with respect to, the following final terms: the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates); payment dates, final maturity, redemption rights, price, minimum savings for refunding bonds (if the refunding bonds are issued for savings purposes), and any other terms and conditions deemed appropriate by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: A. "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds -State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance B. "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity. C. "Beneficial Owner" means the owner of any beneficial interests in the Bonds. D. "Bond Counsel" means Foster Pepper PLLC or any other nationally recognized bond counsel firm then representing the City. E. "Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund, 2011, created by this ordinance for the payment of the Bonds. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final 42 PM:mrh Page 2 of 19 F. "Bond Purchase Contract" means a purchase contract presented to the City by the Underwriter offering to purchase the Bonds under the terms and conditions provided therein. G. "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. H. "Bond Registrar" means the Fiscal Agent. I. "2003A Bonds" means the City's $9,850,000 par value Limited Tax General Obligation Bonds, Series 2003A, issued for the purpose of providing funds with which to reimburse itself for a part of the cost of transferring certain property between the City and King County, to pay or reimburse itself for a part of the cost of making various arterial street improvements, to redeem the City's outstanding Limited Tax General Obligation Bond Anticipation Note, 2000 (Foster Golf Course), and to pay the costs of issuance of the 2003A Bonds. J. "Bonds" means the not to exceed $5,000,000 par value Limited Tax General Obligation Refunding Bonds, 2011, of the City issued pursuant to and for the purposes provided in this ordinance. K. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. L. "City Council" means the governing body of the City, acting in its legislative capacity. M. "Closing Date" means the date on which the Bonds are delivered to the Underwriter upon payment in full therefor. N. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. O. "Designated Representative" means the Finance Director, as appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2) for purposes of accepting, on behalf of the City, an offer to purchase the Bonds on terms consistent with this ordinance and the parameters set forth herein. P. "DTC" means The Depository Trust Company, New York, New York. Q. "Final Terms" means the terms and conditions for the sale of the Bonds including, but not limited to the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and minimum savings for refunding bonds (if the refunding bonds are issued for savings purposes). R. "Finance Director" means the Finance Director of the City or the successor officer, including without limitation any person acting in the capacity of the City's Finance Director. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 3 of 19 43 S. "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. T. "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. U. "MSRB" means the Municipal Securities Rulemaking Board. V. "Owners" means, without distinction, the Registered Owner(s) and the Beneficial Owner(s). W. "Refunded Bond Ordinance" means Ordinance No. 2027 passed by the City Council on September 8, 2003 authorizing the issuance of the 2003A Bonds. X. "Refunded Bonds" means the $4,605,000 street improvements portion of the outstanding 2003A Bonds of the City maturing in the years 2014 through 2021, inclusive, and in 2023, issued pursuant to the Refunded Bond Ordinance, the refunding of which has been provided for by this ordinance. Y. "Refunding Plan" means: 1. the placement of sufficient proceeds of the Bonds which, with other money of the City, if necessary, will acquire the Acquired Obligations to be deposited, with cash, if necessary, with the Refunding Trustee; 2. the application of the principal of and interest on the Acquired Obligations (and any other cash balance) to the payment of interest on the Refunded Bonds when due up to and including December 1, 2013, and the call, payment, and redemption of the Refunded Bonds on December 1, 2013 at a price of par; and 3. the payment of the costs of issuing the Bonds and the costs of carrying out the foregoing elements of the Refunding Plan. Z. "Refunding Trust Agreement" means a refunding trust agreement between the City and the Refunding Trustee dated as of the Closing Date, that provides for the carrying out of the Refunding Plan. AA. "Refunding Trustee" means U.S. Bank National Association of Seattle, Washington, serving as refunding trustee or any successor thereto. BB. "Registered Owner" means the person in whose name a Bond is registered on the Bond Register. For so long as the City utilizes the book —entry system for the Bonds under the Letter of Representations, Registered Owner shall mean DTC. CC. "Registration Ordinance" means City Ordinance No. 1338 establishing a system of registration for the City's bonds and other obligations. DD. "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. EE. "SEC" means the United States Securities and Exchange Commission. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final 44 PM:mrh Page 4 of 19 FF. "State" means the State of Washington. GG. "Term Bonds" means those Bonds designated as such, with the maturity date or dates identified in the maturing in the Bond Purchase Contract. HH. "Undertaking" means the undertaking to provide continuing disclosure set forth in 15 of this ordinance. II. "Underwriter" means Seattle Northwest Securities Corporation of Seattle, Washington. 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 2011 is $4,775,732,512. 1. The City has outstanding general indebtedness as follows: a. Limited tax general obligation bonds and leases outstanding in the principal amount of $23,386,800 (excluding the Refunded Bonds), which is incurred within the limit of up to 1 %z% of the value of the taxable property within the City permitted for general municipal purposes. b. No unlimited tax general obligation bonds for capital purposes only. 2. The amount of indebtedness authorized by this ordinance is an amount not to exceed $5,000,000 and is issued within the limitation permitted for general municipal purposes without a vote. Section 3. Purpose and Authorization of Bonds. In order to achieve a cost savings for the City, the City Council finds it to be in the best interest of the City to authorize the issuance and sale of the Bonds for the purposes described below. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation refunding bonds evidencing that indebtedness in the amount of not to exceed $5,000,000 to finance the cost of the Refunding Plan and to pay the costs of issuance and sale of the Bonds. Section 4. Description of Bonds; Appointment of Designated Representative. The Finance Director is appointed as the City's Designated Representative and is authorized to approve the Final Terms of the Bonds, within the following parameters: A. Amount. The Bonds shall not exceed the aggregate principal amount of $5,000,000. The principal amount of the Bonds (i) may exceed the principal amount of the Refunded Bonds being refunded by an amount deemed reasonably required to effect such refunding, or (ii) may be less than or the same as the principal amount of the Refunded Bonds, so long as provision is duly and sufficiently made for the retirement or redemption of those Refunded Bonds. B. Date or Dates. The Bonds shall be dated as of the Closing Date, which date may not be later than December 31, 2011. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22 -2011 -final PM:mrh Page 5 of 19 45 C. Denominations, Designation, etc. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. D. Interest Rate(s). The Bonds shall bear interest at fixed rates per annum (computed on the basis of a 360 -day year of twelve 30 -day months) from their date or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds, which rate or rates must be in multiples of 1 /8 or 1 /20 of 1 or both. The "all -in" true interest cost to the City for the Bonds may not exceed 3.00 E. Payment Dates. Interest must be payable at fixed rates semiannually (on each June 1 and December 1, or such other semiannual dates as are selected by the Designated Representative), commencing on the next such semiannual date following the issuance of the Bonds. Principal must be payable annually (on each December 1, or such other annual date as is selected by the Designated Representative) commencing no earlier than the next such annual date following the issuance of the Bonds. F. Final Maturity. The Bonds shall not extend over a longer period of time than the Refunded Bonds. G. Redemption Rights. The Bonds shall be subject to optional and mandatory redemption provisions, including designation of Term Bonds, if any, as set forth in Section 8. H. Purchase Price. The purchase price for the Bonds may not be less than 95% or more than 115% of the par value of the Bonds. I. Minimum Savings for Refunding Bonds. The Bonds much achieve a minimum net present value savings of 3.00% over the scheduled principal and interest of the Refunded Bonds, giving consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds, and the known earned income from the investment of Bond proceeds in the Acquired Obligations, pending redemption of the Refunded Bonds. J. Other Terms and Conditions. 1. The Designated Representative may determine that it is in the City's best interest to provide for bond insurance or other credit enhancement, and may accept, on behalf of the City, such additional terms, conditions, and covenants as may be required by the bond insurer, if consistent with the provisions of this ordinance. 2. The Designated Representative is also authorized to take such additional action as may be necessary or convenient for the refunding of the Refunded Bonds and for the issuance of the Bonds pursuant to the terms of this ordinance. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final 46 PM:mrh Page 6 of 19 Section v. Bond Registrar; Registration and Transfer of Bonds. A. Registration of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. B. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each of the Bonds held by each Registered Owner. 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's Registration Ordinance. 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 either a Registered or Beneficial 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 Beneficial Owners. C. Transfer and Exchange of Bonds. 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 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. D. DTC and the Book Entry System. 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). 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 Beneficial Owners. Registered ownership of such Bonds, or any portions thereof, may not thereafter be W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 7 of 19 47 transferred except: (i) 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; (ii) to any substitute depository appointed by the City or such substitute depository's successor; or (iii) to any person if the Bonds are no longer held in immobilized form. 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. If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained or (ii) 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. Form and Execution of Bonds. 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. 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, Limited Tax General Obligation Refunding Bonds, 2011, described in the Bond Ordinance." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose manual or 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 manual or 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 7. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. 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. If the Bonds cease to be in book entry-only form, interest on the Bonds shall be paid by W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final 48 PM:mrh Page 8 of 19 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 by electronic transfer on the interest payment date. The City shall not be required to make electronic transfers except to a Registered Owner of Bonds pursuant to a request in writing (and at the sole expense of that Registered Owner) received at least 10 days before an interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Registered Owners to the Bond Registrar. Section 8. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Designated Representative may approve the designation of certain maturities of the Bonds as being subject to redemption at the option of the City prior to their respective maturities on the dates and at the prices set forth in the Bond Purchase Contract. The Designated Representative may also, in his or her discretion, approve the designation of certain maturities of the Bonds as not being subject to redemption prior to maturity. Notwithstanding the foregoing provisions of this ordinance, if the final maturity of the Bonds is more than 10 years after the Closing Date, the Bonds then outstanding shall be subject to optional redemption on at least one date that occurs less than 10 years after the Closing Date. B. Term Bonds. The Designated Representative may approve the designation of certain maturities of the Bonds as Term Bonds, as set forth in the Bond Purchase Contract. The City shall redeem Term Bonds, if not previously redeemed under any optional redemption provisions or purchased and surrendered for cancellation under the provisions set forth below, at a price of par plus accrued interest on the annual redemption dates and in annual redemption amounts approved by the Designated Representative. If the City redeems under the optional redemption provisions, 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 prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. C. Partial Redemptions, Portions of the principal amount of any Bond, in any Authorized Denomination, 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, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. D. Selection of Bonds for Redemption. If fewer than all of the outstanding Bonds within a maturity are to be redeemed prior to maturity, selection of Bonds for redemption shall be randomly within a maturity in such manner as the Bond Registrar shall determine. Notwithstanding the foregoing, for as long as the Bonds are registered W: Word Processing \Ordinances\2003 Bond Refunding 11 -22 -2011 -final PM:mrh Page 9 of 19 in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. E. Notice of Redemption. 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 unless waived by any Registered Owner of the Bonds to be redeemed, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 20 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 Registered or Beneficial Owner of any Bond. 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. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB, consistent with the Undertaking, to any nationally recognized rating agency which at the time maintains a rating on the Bonds at the request of the City, 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. F. Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, except in the case of a rescinded optional redemption as described above, or unless the Bond or Bonds called are not redeemed when presented pursuant to the call. G. 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 acceptable to the City plus accrued interest to the date of purchase. H. Cancellation of Bonds. All Bonds purchased or redeemed under this section shall be canceled. Section 9. Failure To Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or date set for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date set for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the Registered Owner. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22 -2011 -final 50 PM:mrh Page 10 of 19 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. 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. Refunding of the Refunded Bonds. A. Appointment of Refunding Trustee. U.S. Bank National Association of Seattle, Washington, is hereby appointed Refunding Trustee. B. Authorization for Refunding Trust Agreement. The Designated Representative and the Mayor are each independently authorized to execute and deliver to the Refunding Trustee a Refunding Trust Agreement, which sets forth duties, obligations and responsibilities of the Refunding Trustee in connection with the Refunding Plan, provisions for payment of the fees, compensation and expenses of such Refunding Trustee, and such other provisions as may be necessary so that the Bonds are in compliance with the requirements of federal law governing the exclusion of interest on the Bonds from gross income for federal income tax purposes. C. Use of Bond Proceeds. Proceeds from the sale of the Bonds in the amount sufficient to carrying out the Refunding Plan shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under the Refunded Bond Ordinance by providing for the payment of the amounts required to be paid by the Refunding Plan. Such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amounts required to be paid by the Refunding Plan. The Acquired Obligations shall be listed and more particularly described in the Refunding Trust Agreement, but are subject to substitution as set forth below. The Designated Representative is authorized and directed to approve the Acquired Obligations to be purchased. The Designated Representative also is authorized, in his or her discretion, to cause the City to transfer to the Refunding Trustee, for purposes of accomplishing the Refunding Plan, all or a portion of the money on deposit in the Bond Fund immediately preceding the Closing Date. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to carry out the Refunding Plan shall be returned to the City as soon as reasonably practicable following the delivery of the Bonds to the Underwriter. Any Bond proceeds so returned to the City shall be deposited in the Bond Fund and used to pay interest on the Bonds on the first interest payment date. D. Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations, the City reserves the right to substitute other noncallable, nonprepayable direct obligations of the United States of America "Substitute Obligations for any of W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 11 of 19 51 the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (i) in the opinion of Bond Counsel the interest on the Bonds and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148 and 149(d) of the Code, and (ii) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute therefor cash or Substitute Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan, that such substitution will not cause the Bonds or the Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the Closing Date, and that the City obtain, at its expense: (i) a verification by a nationally recognized independent certified public accounting firm confirming that the payments of principal of and interest on the Substitute Obligations, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (ii) an opinion from Bond Counsel to the effect that the disposition and substitution or purchase of the Substitute Obligations, under the statutes, rules and regulations then in force and applicable to the Bonds, will not cause the interest on the Bonds or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bonds and the Refunded Bonds. Any surplus money resulting from the sale, transfer, other disposition or redemption of the Acquired Obligations and Substitute Obligations therefor shall be released from the Refunding Trustee and transferred to the City to be used for any lawful City purpose. E. Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or Substitute Obligations) and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or Substitute Obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or Substitute Obligations) and money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the Refunded Bond Ordinance, this ordinance, chapter 39.53 RCW and other applicable laws of the State and the Refunding Trust Agreement. All necessary and proper fees, compensation and expenses of the Refunding Trustee and all other costs of carrying out the Refunding Plan and issuing the Bonds, including bond printing, rating service fees, verification fees, Bond Counsel's fees and other related expenses, shall be paid out of the proceeds of the Bonds. F.. Call for Redemption of Refunded Bonds. Effective upon the City's initial delivery of the Bonds to the Underwriter in exchange for the purchase price thereof, the City calls for redemption on December 1, 2013, all of the Refunded Bonds at the price of par plus accrued interest. Such call for redemption shall be irrevocable once it becomes effective. The date on which the Refunded Bonds are herein called for redemption is the first date on which those bonds may be called. The Refunding W: Word Processing \Ordinances \2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 12 of 19 52 Trustee is authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to the Refunded Bond Ordinance and the Refunding Trust Agreement in order to effect the redemption of the Refunded Bonds prior to their stated maturity dates. G. Additional Findings and Determinations with Respect to the Refunding. Prior to the execution of the Bond Purchase Agreement, the Designated Representative must determine, on behalf of the City, that the issuance, sale and delivery of the Bonds will effect a net present value savings to the City and its taxpayers of at least 3.00% as set forth in Section 4 hereof. The City Council finds and determines that such net present value savings is a substantial savings and that achieving such net present value savings by issuing the Bonds is in the best interest of the City. In making such finding and determination, the City Council has given consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs related to the issuance, sale and delivery of the Bonds and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds used in the Refunding Plan pending payment and redemption of the Refunded Bonds. The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with this Section 11 will discharge and satisfy the obligations of the City under the Refunded Bond Ordinance with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under the Refunded Bond Ordinance immediately upon the deposit of such money with the Refunding Trustee. Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax Exempt Obligations." A. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the 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 Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the 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 requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the 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 Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The Designated Representative is authorized and directed to adopt and implement on behalf of the City procedures to facilitate compliance by the City with the covenants in this Section 12(A) and the applicable requirements of the Code that must be satisfied after the issue date to maintain the tax exemption for interest on the 2003A Bonds and the Bonds after the Closing Date. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 13 of 19 53 B. Designation of Bonds as "Qualified Tax- Exempt Obligations." The City has determined and certifies that (i) the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (ii) 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 Bonds are issued will not exceed $10,000,000; and (iii) the amount of tax- exempt obligations, including the 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 Bonds are issued does not exceed $10,000,000. The City designates the Bonds as "qualified tax exempt obligations" for the purposes of Section 265(b)(3) of the Code. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State 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 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 the 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 money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. 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 14. Bond Fund and Deposit of Bond Proceeds. A. Bond Fund. 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 Refunding Bond Fund, 2011, for the purpose of paying principal of and interest on the W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final 54 PM:mrh Page 14 of 19 Bonds. All taxes and other amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. B. Deposit of Bond Proceeds. The principal proceeds and premium, if any, received from the sale and delivery of the Bonds shall be used to pay the costs of sale and issuance of the Bonds and deposited, invested and used in accordance with the Refunding Plan. Section 15. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the City makes the following written Undertaking for the benefit of holders of the Bonds: A. Undertaking to Provide Annual Financial Information and Notice of Listed 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: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (B) of this section "annual financial information (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (B) of this section. B. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (A) of this section: W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 15 of 19 55 (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to State local governmental units such as the City, 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; (2) outstanding general obligation bonds; (3) assessed valuation for the fiscal year; (4) regular property tax levy rate and regular property tax levy rate limit for the fiscal year; and (5) general fund revenues from other major tax sources; and (ii) 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, 2012; and (iii) 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. C. 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 Rule 15c2 -12. 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. D. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any Beneficial Owner of Bonds, and shall not inure to the benefit of or create any rights in any other person. E. Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2 -12 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. F. 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 Beneficial Owner of a Bond shall be to take such actions as that Beneficial Owner deems necessary, including seeking an W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 16 of 19 56 order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. G. Designation of Official Responsible to Administer Undertaking. The Finance Director of the City (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 Rule 15c2 -12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (A) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2 -12; (iv) 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 (v) Effecting any necessary amendment of the Undertaking. Section 16. General Authorization; Delivery of Bonds. The Designated Representative, the Mayor and other appropriate officers of the City are each authorized to do everything as in their judgment may be necessary, appropriate or desirable in order to carry out the terms and provisions of, and complete the transactions contemplated in connection with, this ordinance. 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 Bond Counsel regarding the Bonds. Section 17. Official Statement. A. Preliminary Official Statement Under the Rule. The Designated Representative and the Mayor are each independently authorized to review and approve the information about the City contained in any preliminary official statement (the "Preliminary Official Statement prepared in connection with the public offering and sale of Bonds to be sold to the public; and (for the sole purpose of aiding the Underwriter in its compliance with Section (b)(1) of the Rule, if applicable) "deem final" that Preliminary Official Statement as of its date, except for the omission of information permitted to be omitted by the Rule and approve or ratify the distribution of that Preliminary Official Statement to potential purchasers of the Bonds. W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 17 of 19 57 B. Approval of Official Statement. The Designated Representative and the Mayor are each independently authorized to review and approve distribution of a final official statement with respect to the Bonds to be sold to the public. The City agrees to cooperate with the Underwriter to deliver or cause to be delivered, within such period as may be required by applicable law, copies of the final official statement pertaining to the Bonds in sufficient quantity to comply with paragraph (b)(4) of the Rules and rules of the MSRB. Section 18. Supplemental Ordinances. The City Council from time to time and at any time may pass an ordinance or ordinances supplemental to this ordinance which supplemental ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more of the following purposes: A. To add to the covenants and agreements of the City in this ordinance such other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the holders and Owners of the Bonds, or to surrender any right or power herein reserved to or conferred upon the City. B. To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard to matters or questions arising under such ordinances as the City Council may deem necessary or desirable and not inconsistent with such ordinances and which shall not materially adversely affect the interest of the holders and Owners of the Bonds. Section 19. General Authorization and Ratification. The Designated Representative, Mayor, City Administrator and other appropriate officers of the City are severally authorized and directed to take any actions and to execute documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this ordinance and the Bond Purchase Contract (including everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the proceeds of the sale thereof), and all actions heretofore taken in furtherance thereof and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 20. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. W: Word Processing \Ordinances \2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 18 of 19 i Section 21. Effective Date of Ordinance. 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 1 2011, ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\2003 Bond Refunding 11 -22- 2011 -final PM:mrh Page 19 of 19 59 M-1 1 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SECOND FINANCE DEPARTMENT CHANGE FUND LEVEL, AND REPEALING RESOLUTION NO. 1721. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1721, passed July 19, 2010; and WHEREAS, the Change Fund levels established by Resolution No. 1721 included only one Change Fund level for the Finance Department, from the Water Fund -401; and WHEREAS, there is a need to establish a second Change Fund level from the General Fund -000 in the amount of $100.00 for the Finance Department for operational efficiency and improved customer service; 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 Finance Department City Clerk's Office Seattle Southside Visitor Center Municipal Court Parks and Recreation Golf Course lGeneral Fund 000 !water Fund 401 General Fund 000 Motel /Motel Tax Fund 101 General Fund 000 General Fund 000 Foster Golf Course Fund 411 W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs 100.00 100.00 100.00 100.00 300.00 300.00 1,200.00 (or less as needed) Page 1 of 2 61 Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department lGeneral Fund 000 800.00 Police Investigation /Tukwila lGeneral Fund 000 10,000.00 Fire Department lGeneral Fund 000 350.00 Parks and Recreation lGeneral Fund 000 500.00 Public Works Division it lGeneral Fund 000 350.00 Public Works Division I lGeneral Fund 000 1 200.00 Section 3. Resolution No. 1721 is hereby repealed PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Allan Ekberg, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 62 RT:bjs Page 2 of 2 T U 0 1#1 T Of kwilc7 a Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1728. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds, which are water, sewer and surface water, to ensure revenues keep pace with expenses, to update the traffic model, and to analyze the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees to recoup the costs of services rendered, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Public Works fees will be charged according to the following schedule, which shall supersede any previously adopted Public Works Fee Schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION Type A (Short-Term Nonprofit) Type B (Short-Term Profit) Type C (Infrastructure and Grading on Private Property and City Right -of -Way and Disturbance of City Right -of -Way) Type D (Long -Term) Type E (Potential Disturbance of City Riqht -of -Way) Type F (Blanket Permits) Additional Inspections Franchise Telecommunications Franchise Cable Street Vacation FEE 50.00 $100.00 $250.00 application base fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review 1 $100.00 $100.00 $250.00 processing fee, plus $5,000.00 cash deposit, withdraw $100.00 per instance for inspection 1 $60.00 per inspection 1 $5,000.00 administrative fee 1 $5,000.00 plus 5% of total revenue 1 $1,200.00 WAWord Process ing- City \Resolutions \PW Fee Schedule -2011 10 -27 -1 l.docx Page 1 of 5 63 PERMIT DESCRIPTION Latecomer's Agreements Flood Zone Control Copy of City of Tukwila's Infrastructure Design and Construction Standards WATER RATES Water Meter Installation .75 inch 1 inch 1.5 inch 2 inch 3 inch 4 inch 6 inch Water Meter Deduct Water Base Charge (Monthly) Single Family (one dwelling unit) Multi Family (more than one dwelling unit) Commercial /Industrial Customers: 3/4 inch Service 1 inch Service 1 -1/2 inch Service 2 inch Service 3 inch Service 4 inch Service 6 inch Service 8 inch Service 10 inch Service 12 inch Service Water Rates (Monthly) Single and Multi Family (Jan -May) Single and Multi Family (Jun -Sept) Single and Multi Family (Oct -Dec) Commercial /Industrial (Jan -May) Commercial /Industrial (Jun -Sept) Commercial /Industrial (Oct -Dec) Fire Protection Service Charges (Monthly) 2 inch Service 3 inch Service 4 inch Service 6 inch Service 8 inch Service 10 inch Service 12 inch Service FEE $500.00 processing fee, plus 17% administrative fee, plus $500.00 segregation fee I $50.00 $50.00 FEE 600.00 1,100.00 2,400.00 2,800.00 4,400.00 7,800.00 $12,500.00 $25.00 In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." Current 2011 Proposed 2012 10.00 12.00 10.00* 12.00* *each dwelling unit 30.00 40.00 40.00 50.00 60.00 75.00 80.00 $100.00 $120.00 $145.00 $160.00 $195.00 $240.00 $290.00 $320.00 $385.00 $400.00 $480.00 $480.00 $575.00 In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: $2.79 $3.89 $2.79 $3.62 $4.98 $3.62 Per month based on size of service. 9.00 20.00 35.00 80.00 $120.00 $200.00 $260.00 W: \Word Process ing- City \Resolutions \PW Fee Schedule -2011 10 -27 -1 l.docx Page 2 of 5 64 WATER SERVICES Water Turn On After Hour Water Turn On additional fee for customer requested after hours water turn on Unauthorized Water Usage after shut -off for non payment Special Meter Read customer requested meter read outside normal read schedule Shut -off notice Change in owner, tenant, and /or third party paying agent Fire Hydrant per month Emergency Conservation Sanction Temporary Water Meter Deposit .75" and 1" water meter 2.5" water meter Temporary Water Meter Rental per minimum 60 days expiration .75" and 1" water meter 2.5" water meter WATER INTEREST CHARGE On all water accounts 30 days in arrears from the date of delinquency until paid SEWER RATES Residential Sewer Service (single dwelling unit) Residential Sewer Service (multiple dwelling unit, permanent type) Commercial and Industrial Sewage Service FEE 50.00 $100.00 $100.00 30.00 30.00 20.00 20.00 $100.00 300.00 $1,500.00 75.00 150.00 RATE 8% per annum computed on a monthly basis FEES Flat rate of $16.06 $19.26 per month [TMC 14.16.030 (1)] Flat rate of $16.06 $19.26 per month for each dwelling unit [TMC 14.16.030 (2)] Flat rate of $28.'!_' $33.74 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of 8. 1-2 $33.74 per 750 cubic feet [TMC 14.16.030 (4)] SEWER INTEREST CHARGE RATE On all sewer accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis SURFACE WATER RATES FEE PER YEAR Surface Water Utility Rates Per Year Service Charge Per Acre Cateqorv: Current 2011 Proposed 2012 1. Natural $111.98 123.17 2. 0 20% Developed Surface $243.43 267.77 3. 21 50% Developed Surface $446.16 490.77 4. 51 70% Developed Surface $665.72 732.29 5. 71 85% Developed Surface $802.01 882.21 6. 86 100% Developed Surface $935.55 $1,029.10 7. Single Family Residential Parcels 93.00 per parcel 102.00 per parcel W: \Word Processing- City \Resolutions\PW Fee Scliedule -2011 10 -27 -1 l.docx Page 3 of 5 SURFACE WATER INTEREST CHARGE I RATE On all surface water accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE Fees for Residential Use UNIT ALL TYPES OF RESIDENTIAL Between 1 and 3 300.00 Between 4 and 5 600.00 Between 6 and 10 1,200.00 Between 11 and 15 2,000.00 Between 16 and 20 3,500.00 Between 21 and 25 5,000.00 Between 26 and 30 6,500.00 Between 31 and 40 8,000.00 Between 41 and 60 $10,000.00 Greater than 60 $12,000.00 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including single family, multi family, mobile home parks, and shared housing I $2,500 Fees for Non- Residential Use GROSS FLOOR AREA INDUSTRIAL OFFICE Less than 5,000 I $1,000 I $1,800 Between 5,001 and 10,000 I $1,500 I $2,700 Between 10,001 and 20,000 1 $2,000 1 $3,600 Between 20,001 and 30,000 I $3,000 I $5,400 I $8,100 I $10,800 I $2,000 I $2,500 Between 30,001 and 40,000 I $4,000 $7,200 $10,800 $10,800 $2,500 $2,500 Between 40,001 and 50,000 I $5,000 $9,000 I $13,500 I $10,800 J $3,000 I $2,500 Between 50,001 and 70,000 I $6,000 I $10,800 I $16,200 $10,800 $4,000 $2,500 Between 70,001 and 90,000 I $7,000 I $12,600 $18,900 $10,800 $5,000 I $2,500 Between 90,001 and 150,000 I $8,000 $14,400 I $21,600 I $10,800 I $6,000 I $2,500 Between 150,001 and 200,000 I $9,000 I $16,200 $24,300 $10,800 $7,000 $2,500 Greater than 200,000 I $10,000 I $18,000 I $24,300 I $10,800 I $8,000 $2,500 2 All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand alone) drive through espresso stands (or similar) under 250 sq. ft. which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit W: \Word Processing City \Resolutions \PW Fee Schedule -2011 10 -27 -1 I.docx Page 4 of 5 66 INSTITU- ALL TIONAL OTHER RETAIL EATERY PORT USES $2,700 I $5,400 I $500 I $1,500 $4,050 I $8,100 I $1,000 I $2,000 $5,400 $10,800 I $1,500 I $2,500 Between 20,001 and 30,000 I $3,000 I $5,400 I $8,100 I $10,800 I $2,000 I $2,500 Between 30,001 and 40,000 I $4,000 $7,200 $10,800 $10,800 $2,500 $2,500 Between 40,001 and 50,000 I $5,000 $9,000 I $13,500 I $10,800 J $3,000 I $2,500 Between 50,001 and 70,000 I $6,000 I $10,800 I $16,200 $10,800 $4,000 $2,500 Between 70,001 and 90,000 I $7,000 I $12,600 $18,900 $10,800 $5,000 I $2,500 Between 90,001 and 150,000 I $8,000 $14,400 I $21,600 I $10,800 I $6,000 I $2,500 Between 150,001 and 200,000 I $9,000 I $16,200 $24,300 $10,800 $7,000 $2,500 Greater than 200,000 I $10,000 I $18,000 I $24,300 I $10,800 I $8,000 $2,500 2 All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand alone) drive through espresso stands (or similar) under 250 sq. ft. which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit W: \Word Processing City \Resolutions \PW Fee Schedule -2011 10 -27 -1 I.docx Page 4 of 5 66 Section 2. Repealer. Resolution No. 1728 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W: \Word Process inb City \Resolutions \PW Fee Schedule -2011 10 -27 -1 Ldocx Allan Ekberg, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 5 of 5 m M COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayors review C n review 11/28/11 I RT C� 12/05/11 I RT C I I v.v. ITEM INFORMATION CAS NUn-t FIR: STAFF SPONSOR: RICHARD TAKECHI ORIGINAL, AGENDA DA'rE: 11/28/11 (;I,I ND,\ ITI"IM TiTis; Establishment of a second $100.00 Change Fund Level for the Finance Dept and Repeal of Resolution No. 1721. C.\'Iti�C,Om' Discussion Motion Resolution Ordinance BidAivard Public Hearing Other 111tg Date 11/22/11 i lfta Date Mtg Date 1215111 Aft Date Mtg Date 11th Date Mtg Date SPONSOR Council Mayor HR DCD Finance .Fire IT P &R Police PIV SPONSOR'S To provide greater operational efficiency and enhanced customer service, a second Finance SuNI I, \IzY Dept cash register was installed. It is now necessary to establish a second $100.00 change fund for the Finance Dept. Council is being asked to adopt a resolution establishing this second change fund. R'VIFWFD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/22/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONs0nz /AD;\4IN. Finance C0',\4 MFJ '1T'1,V1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Exi I NDITURE RFIQUIRE'D AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: C'onnnents: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 Forward to next Regular Meeting I MTG. DATE I ATTACHMENTS 11/28/11 I Informational Memorandum dated 11/22/11 Resolution in draft form Resolution 1721 Minutes from the Finance and Safety Committee meeting of 11/22/11 12/05/11 Resolution in final form 70 Tuikwii city Of Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SECOND FINANCE DEPARTMENT CHANGE FUND LEVEL, AND REPEALING RESOLUTION NO. 1721. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1721, passed July 19, 2010; and WHEREAS, the Change Fund levels established by Resolution No. 1721 included only one Change Fund level for the Finance Department, from the Water Fund -401; and WHEREAS, there is a need to establish a second Change Fund level from the General Fund -000 in the amount of $100.00 for the Finance Department for operational efficiency and improved customer service; 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 lGeneral Fund 000 100.00 Finance Department lWater Fund 401 100.00 City Clerk's Office lGeneral Fund 000 100.00 Seattle Southside Visitor Center [Hotel /Motel Tax Fund 101 100.00 Municipal Court lGeneral Fund 000 300.00 Parks and Recreation lGeneral Fund 000 300.00 Golf Course Foster Golf Course Fund 411 1,200.00 (or less as needed) W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs Page 1 of 2 71 Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department !General Fund 000 800.00 Police Investigation /Tukwila !General Fund 000 10,000.00 Fire Department !General Fund 000 350.00 Parks and Recreation !General Fund 000 500.00 Public Works Division II lGeneral Fund 000 350.00 Public Works Division I lGeneral Fund 000 200.00 Section 3. Resolution No. 1721 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs Page 2 of 2 72 CO UNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date I Prepared by I AJ yor s review Council review I 11/28/11 BG� �w I I P.�/ 12/05/11 I M= C I 5.D. ITEM INFORMATION I CAS NUMBER: STAFF SPONSOR: BOB GIBERSON I ORIGINA1_AGENDA DATE: 11/28/11 AGENDA ITEM Trrl.r Resolution updating the Public Works Fee Schedule for the 2012 Water, Sewer, and Surface Water Rates CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/28/11 Mtg Date Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S The City's water, sewer, and surface water rates need to be increased to meet operational SUMMARY and capital expenditures for their corresponding enterprise funds. The single and multi- family minimum water meter charge will increase from $10.00 to $12.00. The sewer fund's monthly residential flat rate will increase from $16.06 to $19.26. King County will not be increasing their sewer fees in 2012, which are currently $36.10 per month. The surface water fees will increase from $93.00 to $102.00 for residential parcels. REVIEWI3D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/15/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIT Unanimous Approval; Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDrTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: WATER, SEWER, AND SURFACE WATER FUNDS Comments: MTG.DATEJ RECORD OF COUNCIL ACTION 11/28/11 Forward to next Regular Meeting 12/05/11 MTG. DATE J ATTACHMENTS 11/28/11 I Informational Memorandum dated 11/10/11 Exhibit A Rate Matrix Exhibit B King County Ordinance No. 17102 Exhibit C Comparison of Rates with adjoining cities Draft Resolution Public Works Fee Schedule Minutes from the Utilities Committee meetings of 11/15/11 12/05/11 lResolution in final form 73 74 Cl of Tukwi Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1728. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds, which are water, sewer and surface water, to ensure revenues keep pace with expenses, to update the traffic model, and to analyze the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees to recoup the costs of services rendered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Public Works fees will be charged according to the following schedule, which shall supersede any previously adopted Public Works Fee Schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION Type A (Short -Term Nonprofit) Type B (Short -Term Profit) Type C (Infrastructure and Grading on Private Property and City Right -of -Way and Disturbance of City Right -of -Way) Type D (Long -Term) Type E (Potential Disturbance of City Right -of -Way) Type F (Blanket Permits) Additional Inspections Franchise —Telecommunications Franchise Cable Street Vacation 1 FEE 50.00 I $100.00 $250.00 application base fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review 1 $100.00 $100.00 $250.00 processing fee, plus $5,000.00 cash deposit, withdraw $100.00 per instance for inspection 1 $60.00 per inspection 1 $5,000.00 administrative fee I $5,000.00 plus 5% of total revenue $1,200.00 WAWord Process ing- City \Resolutions \PW Fee Schedule -201 110 -27 -1 Ldocx Page 1 of 5 75 PERMIT DESCRIPTION Latecomer's Agreements Flood Zone Control Copy of City of Tukwila's Infrastructure Design and Construction Standards WATER RATES Water Meter Installation .75 inch 1 inch 1.5 inch 2 inch 3 inch 4 inch 6 inch Water Meter Deduct Water Base Charge (Monthly) Single Family (one dwelling unit) Multi Family (more than one dwelling unit) Commercial /Industrial Customers: 3/4 inch Service 1 inch Service 1 -1/2 inch Service 2 inch Service 3 inch Service 4 inch Service 6 inch Service 8 inch Service 10 inch Service 12 inch Service Water Rates (Monthly) Single and Multi Family (Jan -May) Single and Multi Family (Jun -Sept) Single and Multi Family (Oct -Dec) Commercial /Industrial (Jan -May) Commercial /Industrial (Jun -Sept) Commercial /Industrial (Oct -Dec) Fire Protection Service Charges (Monthly) 2 inch Service 3 inch Service 4 inch Service 6 inch Service 8 inch Service 10 inch Service 12 inch Service FEE $500.00 processing fee, plus 17% administrative fee, plus $500.00 seqregation fee $50.00 $50.00 FEE 600.00 1,100.00 2,400.00 2,800.00 4,400.00 7,800.00 $12,500.00 $25.00 $145.00 In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." Current 2011 Proposed 2012 10.00 12.00 10.00* 12.00* *each dwelling unit 30.00 40.00 40.00 50.00 60.00 75.00 80.00 $100.00 $120.00 $145.00 $160.00 $195.00 $240.00 $290.00 $320.00 $385.00 $400.00 $480.00 $480.00 $575.00 In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: $2.79 $3.89 $2.79 $3.62 $4.98 $3.62 Per month based on size of service. 9.00 20.00 35.00 80.00 $120.00 $200.00 $260.00 76 W: \Word Process ing- City \Resolutions \PW Fee Schedule -2011 10 -27 -1 I.docx Page 2 of 5 WATER SERVICES Water Turn On After Hour Water Turn On additional fee for customer requested after hours water turn on Unauthorized Water Usage after shut -off for non payment Special Meter Read customer requested meter read outside normal read schedule Shut -off notice Change in owner, tenant, and /or third party paying agent Fire Hydrant per month Emergency Conservation Sanction Temporary Water Meter Deposit .75" and 1" water meter 2.5" water meter Temporary Water Meter Rental per minimum 60 days expiration .75" and 1" water meter 2.5" water meter WATER INTEREST CHARGE On all water accounts 30 days in arrears from the date of delinquency until paid SEWER RATES Residential Sewer Service (single dwelling unit) Residential Sewer Service (multiple dwelling unit, permanent type) Commercial and Industrial Sewage Service FEE 50.00 $100.00 $100.00 30.00 30.00 20.00 20.00 $100.00 300.00 $1,500.00 75.00 150.00 RATE 8% per annum computed on a monthly basis FEES Flat rate of $16.06 $19.26 per month [TMC 14.16.030 (1)] Flat rate of $166.06 $19.26 per month for each dwelling unit [TMC 14.16.030 (2)] Flat rate of 1!29.'-2 $33.74 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of 424.1-2 $33.74 per 750 cubic feet [TMC 14. 16.030 (4)] SEWER INTEREST CHARGE I RATE On all sewer accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis SURFACE WATER RATES FEE PER YEAR Surface Water Utility Rates Per Year Service Charge Per Acre Cateq_�ry: Current 2011 Proposed 2012 1. Natural $111.98 123.17 2. 0 20% Developed Surface $243.43 267.77 3. 21 50% Developed Surface $446.16 490.77 4. 51 70% Developed Surface $665.72 732.29 5. 71 85% Developed Surface $802.01 882.21 6. 86 100% Developed Surface $935.55 $1,029.10 7. Single Family Residential Parcels 93.00 per parcel 102.00 per parcel W: \Word Process ing- City \Resolutions \PW Fee Schedule -2011 10 -27 -1 I.docx Page 3 of 5 77 SURFACE WATER INTEREST CHARGE I RATE On all surface water accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE Fees for Residential Use UNIT I ALL TYPES OF RESIDENTIAL Between 1 and 3 300.00 Between 4 and 5 600.00 Between 6 and 10 1,200.00 Between 11 and 15 2,000.00 Between 16 and 20 3,500.00 Between 21 and 25 5,000.00 Between 26 and 30 6,500.00 Between 31 and 40 8,000.00 Between 41 and 60 $10,000.00 Greater than 60 $12,000.00 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including single family, multi family, mobile home narks, and shared housing GROSS FLOOR AREA Less than 5,000 Between 5,001 and 10,000 Between 10,001 and 20,000 Between 20,001 and 30,000 Fees for Non Residential Use INDUSTRIAL OFFICE RETAIL $1,000 I $1,800 I $2,700 $1,500 $2,000 $3,000 INSTITU- TIONAL EATERY PORT $5,400 $500 $2,700 I $4,050 $8,100 I $1,000 $3,600 $5,400 $10,800 I $1,500 $5,400 $8,100 I $10,800 $2,000 ALL OTHER USES $1,500 $2,000 $2,500 $2,500 Between 30,001 and 40,000 I $4,000 $7,200 I $10,800 $10,800 I $2,500 I $2,500 Between 40,001 and 50,000 I $5,000 I $9,000 I $13,500 $10,800 I $3,000 I $2,500 Between 50,001 and 70,000 I $6,000 I $10,800 I $16,200 I $10,800 I $4,000 I $2,500 Between 70,001 and 90,000 I $7,000 $12,600 I $18,900 $10,800 $5,000 $2,500 Between 90,001 and 150,000 I $8,000 I $14,400 $21,600 I $10,800 I $6,000 I $2,500 Between 150,001 and 200,000 I $9,000 $16,200 I $24,300 $10,800 I $7,000 I $2,500 Greater than 200,000 I $10,000 $18,000 I $24,300 I $10,800 $8,000 $2,500 2 All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand alone) drive through espresso stands (or similar) under 250 sq. ft. which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit W: \Word Process ing- City \Resolutions \PW Fee Schedule -2011 10 -27 -1 Ldocx Page 4 of 5 78 Section 2. Repealer. Resolution No. 1728 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Allan Ekberg, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Process ing City\Resolutions \PW Fee Schedule -2011 10 -27 -1 l.docx Page 5 of 5 79 :1 COUNCIL AGENDA SYNOPSIS Initial ITEM NO. Meethi g Date Prepared by I I Mgyor's review I C un 'lweview 11/28/11 BG/ FUA 12/05/11 BG C 1 5. E. ITEM INFORMATION CAS NUMBER: STAFF SPONSOR: BOB GIBERSON I ORIGINALAGENDA DA'I'S: 11/28/11 AGENDA ITEM Trn_,E 2012 Annual Small Drainage Program Design Consultant Agreement with KPG, Inc. CA'T'EGORY ®Dircuesion ®Motion Resolution E] Ordinance ❑BidAzvard E] Public Hearing Other Mtg Date 11/28/11 Mtg Date 12105111 Mtg Date Mtg Date Mtg Date Mtg Date Mt g Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S This contract is for design of the 2012 Small Drainage Program. Three consultant firms SUMMARY were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year five sites are being designed and seven sites are scheduled for construction (two were designed in 2011). Council is being asked to approve the design contract with KPG, Inc. in the amount of $64,945.76. REVIEWED BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/15/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMrIT r Unanimous Approval; Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDI'I'URL R1- QUI1tED AMOUNT BUDGETED APPROPRIATION REQUIRED $64,945.76 $80,000.00 $0.00 Fund Source: 412 SURFACE WATER (PG 138, 2012 PROPOSED CIP) Comments: I MTG.DATEI RECORD OF COUNCIL ACTION 1 11/28/11 IForward to next Reqular Meetinq 12/05/11 MTG. DATE 11/28/11 ATTACHMENTS Informational Memorandum dated 11/10/11 Vicinity Map Qualification Ratings Contract with KPG, Inc with Scope of Work and Fee Minutes from the Utilities Committee meetings of 11/15/11 12/05/11 INo attachments m COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by I I Mayor's review Council review j 11/28/11 BG V- 12/05/11 B GO C 5. F. ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11128/11 AGENDA I TITLE Cascade Water Alliance Interlocal Contract Amendment CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearin g ❑Other Mtg Date 11/28/11 Mt g Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PV SPONSOR'S Cascade Water Alliance's (CWA) forecasts anticipated the region's growth, but now with SUMMARY the economic slowdown, the revenue model needs to be updated. The equity redistribution needs to maintain member parity so costs are more stable. This contract amendment to the Interlocal shows administrative dues increasing from 5% to 9% of annual revenue requirements. For Tukwila, CWA administrative dues will increase from $69k to $126k and the overall rate model shows an increase of 9.4% in 2012. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/15/11 COMMITTEE CHAIR: DE'SEAN QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 401 WATER FUND Comments: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 IForward to next Regular Meeting 12/05/11 1 MTG. DATE 11/28/11 12/05/11 ATTACHMENTS Informational Memorandum dated 11/18/11 (revised after 11/15 UC) CWA Letter to Mayor Haggerton dated 11/4/11 CWA Memo Documentation of 2012 Member Charges Amended and Restated Interlocal Contract Minutes from the Utilities Committee meetings of 11/15/11 No attachments :m COUNCIL AGENDA SYNOPSIS CAS Nu Initials ITEM NO. Meeting Date Prepared by Mayor's review Couniil review 11/28/11 SK 5 G 12/05/11 SK �,�L]f_�l. ITEM INFORMATION S'1,\FF SPONSOR: SHELLEY KERSLAKE OIZIGIN.U_AGI %ND,\ D \1'I3: 11/28/11 Enactment of an ordinance prohibiting solicitation in certain areas and under certain circumstances. Discussion Motion Resolution Ordinance Bid Award Public Hearing Other lltg Date 11/28/11 A7tg Date Mtg Date Mt g Date 1215111 Mt ,g Date Mtg Date tlltg Date SPC)NSOR Council lVLayor HR DCD Finance Fire IT P &R Police P1V SPO NSOWS This ordinance would address many complaints received by the City regarding SI',`- 11V1: soliciting/ panhandling in the urban center and along Tukwila International Boulevard. The ordinance restricts some solicitation activity while still leaving open some parts of the City for this activity. lip cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/14/11 COMMITTEE CHAIR: S EAL RECOMMENDATIONS: SPONSOR /Ai)MIN. City Attorney /City Council C<�'Mm"I I l',r, Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Etl'I,ND1 "1'UKl? RI?( iRim AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: Connnnents: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 1 Forward to next Reqular Meetinq I MTG.DATEI ATTACHMENTS 11/28/11 I Informational Memorandum dated 11/16/11 Draft Ordinance City of Tacoma Ordinance requested by the Community Affairs and Parks Committee Minutes from the Community Affairs and Parks Committee meeting of 11/14/11 12/05/11 Ordinance in final form RTA C I O ty of Tukwila Washington AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS RELATED TO SOLICITING IN CERTAIN AREAS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.29; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council finds that soliciting in certain places and circumstances has a detrimental effect on the creation of a safe environment in the City; and WHEREAS, there is an increase in solicitation in the City, specifically along Tukwila International Boulevard, in the Tukwila Urban Center, along on- and off -ramps and other public right -of -way, and at automated teller machines and outdoor patios that interfere with or potentially jeopardize the safety of citizens and pedestrians or vehicular traffic; and WHEREAS, the current provisions of the Tukwila Municipal Code do not regulate solicitation activity that involves safety concerns for people and vehicular traffic; and WHEREAS, it is appropriate to regulate soliciting in certain areas and under certain circumstances to assist law enforcement officials in protecting the public health, welfare, and safety of citizens; and WHEREAS, the City Council believes it is important to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life, while providing safe and appropriate venues for this constitutionally protected activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 8.29, "Soliciting in Certain Areas Prohibited," is hereby established to read as follows: W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 1 of 4 i CHAPTER 8.29 SOLICITING IN CERTAIN AREAS PROHIBITED Sections: 8.29.010 Purpose 8.29.020 Definitions 8.29.030 Soliciting prohibited 8.29.040 Exemption 8.29.050 Penalty for violation Section 2. TMC Section 8.29.010 is hereby established to read as follows: 8.29.010 Purpose. The purpose of this chapter is to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business, and to preserve the quality of urban life. Solicitation in proximity to automated teller machines and outdoor patios where food and beverage are served is inherently intimidating and should be restricted. By this legislation, the City Council intends to promote the health, safety, and welfare of the citizens of and visitors to the City of Tukwila. Section 3. TiVIC Section 8.29.020 is hereby established to read as follows: 8.29.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1. "Automated teller machine" means a device linked to a financial institution's account records that is able to carry out transactions including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. 2. "Automated teller machine facility' means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours. 3. "Prohibited zones" means the following areas (see Figure 1): a. Tukwila International Boulevard: 1) Northern Boundary: S. 139 St. on the east side of Tukwila International Boulevard and S. 140 St. on the west side of Tukwila International Boulevard. 2) Eastern Boundary: 42n Ave. S. from S. 139 St. to State Route 518 (SR 518). 3) Southern Boundary: SR 518 from 42 Ave. S. to International Blvd. W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 88 sK:bjs Page 2 of 4 4) Western Boundary: The western boundary of the Tukwila Link Light Rail (Tukwila International Boulevard) Station property continuing to the north along International Blvd. to S. 152 St., continuing to the west along S. 152 St. to Military Rd. S., continuing to the north along Military Rd. S. to 34 Ave. S., continuing to the north along 34 Ave. S. to S. 144 St., continuing to the east along S. 144 St. to 37 Ave. S., continuing to the north along 37 Ave. S. to S. 140 St., continuing to the east along S. 140 St. to Tukwila International Boulevard, and continuing to the north along Tukwila International Boulevard to S. 139 St. b. Tukwila Urban Center: The area bounded by Southcenter Blvd. on the north, West Valley Highway on the east, S. 180 St. and S. 178 St. on the south, and 1 -5 and Klickitat Dr. /51 Ave. S. on the west (including all on -ramps and off -ramps to 1 -5, 1 -405, and SR 518). 4. "Public right -of -way' means, without limitation, public streets, state routes and interstate highways (including, but not limited to on- and off ramps), sidewalks, alleys, and driveways. 5. "Solicit", "soliciting" and "solicitation" mean, without limitation, use of the spoken, written, or printed word, or to perform such other acts or bodily gestures, to further the purpose of immediately obtaining money or any other thing of value. Section 4. TMC Section 8.29.030 is hereby established to read as follows: 8.29.030 Soliciting prohibited. It shall be unlawful for any person to solicit: 1. From any occupant of a motor vehicle that is on a public right -of -way; 2. Within the prohibited zones; 3. Within 20 feet of an outdoor patio where food and /or drinks are served; or 4. Within 20 feet of an automated teller machine or an entrance or exit to an automated teller machine facility during the time the automated teller machine is available for customer use. Section 5. TMC Section 8.29.040 is hereby established to read as follows: 8.29.040 Exemption. It shall not be unlawful to engage in solicitation from any occupant of a motor vehicle that is on a public right -of -way at the intersection of Strander Blvd. and Andover Park West on the 3 rd Saturday in August and the 4 th Saturday in September. W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 3 of 4 M Section 6. TMC Section 8.29.050 is hereby established to read as follows: 8.29.050 Penalty for violation. Violation of any terms of this chapter shall constitute a misdemeanor, and any person convicted of such offense shall be punished by a fine of up to $1,000 and /or imprisonment for a term not to exceed 180 days. Section 7. 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 8. 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 9. 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 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: Figure 1, "No Panhandling" Areas W: Word Processing \Ordinances \Soliciting prohibited in certain areas 11 -29 -11 SK:bjs Page 4 of 4 0 FIGURE 1 S St 141 st Cn S 142nd. St 143rd St cn LO J­ 4th St S 146th St S 148th St co S 150th St S 151 St 8i cn 152nd St cp Blvd 175 �nd P/ 0 qO S 156th St S 158th St a 1 01 11111di minim 1`1111011c— S 160th St S 164th' 8t reckbe CL Minkler BI City of Tukwila Midland tostco Dr Streets S 180th 9t CO "No Panhandling" Areas low 10 1 114h W ;City Limits 92 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review C review 11/28/11 SK 1;4.f11-4 5. H. 12/05/11 SK 1 ITEM INFORMATION CAS NUM}BFIR: STAFF SPONSOR: SHELLEY KERSLAKE ORIGINALAGC;NDA DA '1'I 11/28/11 AGI?NDA I'll.?\4 Trr1.I Repeal of Section 2 of Ordinance 2323 regarding social card rooms. C.�'I'�SGORI Di.vcu.o ion Motion Resolution Ordinance BidAward PublicHearin Other lltg Date 11/28/11 Mtg Date Nltg Date AV Date 1215111 1WIS Date Mtg Date Mtg Date SPONSOR Council Mayor .HR DCD Finance E] Eire IT P &R Police PbV SPONSOR Given the results of the November 8, 2011 advisory vote regarding social card rooms, the Council has discussed repealing the sunset provision of Ordinance 2323, which would have precluded the operation of social card rooms in the City by 2016. COQ Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /Ai)MIN. City Attorney /City Council COMMI'I71"'I? Forward Issue to Committee of the Whole COST IMPACT FUND SOURCE EXPI?NDl'1'URl? RI ?OU1RI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $2.1 million $0 Fund Source: Conilnents: Retains the existing revenue stream from gaming uses I MTG.DATEI RECORD OF COUNCIL ACTION 11/28/11 Forward to next Regular Meeting MTG. DATE I ATTACHMENTS 11/28/11 Informational Memorandum dated 11/16/11 Ordinance in draft form 12/5/11 lordinance in final form 93 x City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING SECTION 2 OF ORDINANCE NO. 2323 RELATING TO THE PROHIBITION AGAINST SOCIAL CARD ROOMS AS A COMMERCIAL STIMULANT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, with certain exceptions, Section 2 of Ordinance No. 2323 prohibits the operation or conduct of social card rooms within the City of Tukwila effective January 1, 2016; and WHEREAS, at the November 8, 2011 General and Special Election, the City of Tukwila put forth Advisory Measure No. 1 to ask the City's voters whether social card rooms should be allowed in Tukwila; and WHEREAS, in response to Advisory Measure No. 1, the City's voters voted to allow social card rooms in Tukwila; and WHEREAS, as a result of said vote, the City Council desires to repeal Section 2 of Ordinance No. 2323 to allow social card rooms in Tukwila to continue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Section 2 of Ordinance No. 2323 is hereby repealed in its entirety. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Repeal prohibition on social card rooms 11 -14 -11 SK:bjs Page 1 of 2 95 Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal prohibition on social card rooms 11 -14 -11 96 SK:bjs Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date I Prepared by j Mayors nc review C l review 11/28/11 B 12/05/11 B G� v.I. ITEM INFORMATION CAS NUMBI3R: STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/28/11 AGENDA IT'm TrrLr_; Purchase Street Department's Thermoplastic Striper CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/28/11 r11tg Date 12/05/11 Mtg Date Mt Date A2tg Date Mtg Date Mtg Date SPONSOR SPONSOR'S SUMMARY Council Mayor HR DCD Finance Fire IT P &R Police PIV RE VIEWED BY This purchase will replace a roadway paint striper with a thermoplastic striper. The 501 Fund has a current budget of $80,000.00 for a paint striper, but the thermoplastic striper will cost $92,896.52. For the budget shortfall of $12,896.52, we are proposing to use $4,840.00 from the Street department's 501 depreciation balance and the remaining $8,056.52 from the Street's roadside budget, 000.16.542.700.31.00. Council is being asked to approve the purchase in the amount of $92,896.52. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMTITE1 Unanimous Approval; Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDPTUR-- REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $92,896.52 $80,000.00 $12,896.52 Fund Source: 501 EQUIPMENT RENTAL (FLEET) AND 000.16. STREETS Comments: MTG. DATE 11/28/11 12/05/11 MTG. DATE 11/28/11 12/05/11 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 11/18/11 Page 299, 2011 -2012 Biennial Budget Thermoplastic Striper Brochure Minutes from the Transportation Committee meetings of 11/21/11 No attachments 97 gu; COUNCIL AGENDA SYNOPSIS CAS N UMBER: Initials Meelhi q Date Prepared by 1 I Mayors review 11/28/11 BG 12/05/11 B wvc ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON Council review ITEM NO. 5.J. ORIGINAL AGENDA DATE: 11/28/11 AGENDA ITEM TITLE Street Department's Purchase of 250 LEOTEK LED Luminaires CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearin g ❑Other Aft g Date 11/28/11 Mtg Date 12/05/11 Mtg Date Mig Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svc�� DCD .Finance Fire E] Legal PAR Police ®PW SPONSOR'S This purchase is for 250 LEOTEK LED roadway lighting luminaires. The latest advances in SUMMARY roadway LED lighting will reduce the power consumption by nearly 50 and provide more reliability and longer life to the light fixtures. The cost of LED fixtures is now only 20% higher than traditional light fixtures. With the remaining budget in Streets and the Annual Signal Program, Council is being asked to purchase 250 LED luminaires in the amount of $106,488.75. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $106,488.75 $107,000.00 $0.00 Fund Source: 000.16 STREET DEPARTMENT AND 104. ANNUAL SIGNAL PROGRAM Comments: MTG. DATE 11/28/11 12/05/11 MTG. DATE 1 11/28/11 12/05/11 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 11/18/11 Quote Minutes from the Transportation Committee meeting of 11/21/11 No attachments w e Mrs, s, CAS NUMBER: CO UNCIL AGENDA SYNOPSIS Initials ITEMNo. Meeting Date Prepared by Mayor's review Cguncil review 11/28/11 I B I,% 44 5.K. 1 12/05/11 ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/28/11 AGENDA I'TEMTITLE Tukwila Urban Center Pedestrian/ Bicycle Bridge Acceptance of Federal CMAQ Grant and State Enhancement Grant CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other Aft g Date 11/28111 Mtg Date 12109111 Mtg Date Mtg Date Mt g Date Mtg Date Mtg Date (SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Council is being asked to accept two grants for the Tukwila Urban Center Pedestrian/ SUMMARY Bicycle Bridge. The first grant is a Federal Congestion Mitigation and Air Quality (CMAQ) grant of $750,833.00 and the second is a Statewide Transportation Enhancement grant of $500,000.00. No match is required from the State grant, but the Federal CMAQ grant requires a 13.5% match or $117,182.00. The design agreement with KPFF Consulting Engineers is also being presented to Council tonight. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (NEW PAGE 10, PROPOSED 2012 CIP) Connnents: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 Forward to next Reqular Meetinq with area maa 12/05/11 MTG. DATE I ATTACHMENTS 11/28/11 Informational Memorandum dated 11/18/11 New page 10, Proposed 2012 CIP Puget Sound Regional Council Letter with $750,833.00 Award WSDOT Local Agency Agreement with $500,000.00 Enhancement Grant Minutes from the Transportation Committee meeting of 11/21/11 12/05/11 I Area Map And Wgram 101 102 0 N C6 N +t+ C, 7 z 1! v N y R 'L R C Iro m CC, a te+ w L ft -o y d G Wegtvallev �wv Q; 402 j �N D d m r��anonuy CL D t 1 LL a I? U JD m f ooa ���a s e"b;sts Su co I amE v `L T y: Y� j fU"d Ja ;ua *y3nos 0 O m 0 T W o d b L m a' am Q Q �ce.cc M Ted JanoPuy ooa ���a s e"b;sts Su co I amE v `L T y: Y� j CD co a) r CD cc 1 W c L *4 4) V 4) a C 1 F 103 fU"d Ja ;ua *y3nos O T CD co a) r CD cc 1 W c L *4 4) V 4) a C 1 F 103 ME Trail Alignments Diagram Tukwila Urban Center Pedestrian Bicycle Bridge I I V COUNCIL AGENDA SYNOPSIS ITEM NO. CAS NU\4BFR: 114eelilr9 Date Prepared by Mayor's review 11/28/11 BG 12/05/11 BG GE/�lC ITEM INFORMATION STAFF SPONSO R: BOB GIBERSON C review review i 5.L. 01ZIC',INi \J, ACiI "',NDA DA "1'L;: 11/28/11 A(,I ;NI);\ ITI "M Trr1,i Tukwila Urban Center Pedestrian/ Bicycle Bridge Consultant Supplemental Agreement No. 9 with KPFF Consulting Engineers C, \'rj"1(; CRY Discussion Motion Resolution Ordinance B&Atvard Public 1- learing ❑Other tlltg Date 11/28/11 P1tg Date 12105111 Illtg Date 117tg Date Nltg Date Mi Date rlltg Datc SPO NSOR Council [ltlayor Adm Svc.r DCD Finance .Fire Legal PAR Police P1YI SPONSOR'S This supplemental agreement No. 9 with KPFF will complete the design and environmental permitting for the TUC Pedestrian/ Bicycle Bridge. The agreement also includes the design of a signal crossing at W Valley Hwy and the trail to connect users to the Tukwila Longacres Sounder Station. With two grants of $1.2 million, the design of the TUC Pedestrian Bridge is funded. Council is being asked to approve Supplemental Agreement No. 9 in the amount $1,367,580.11. CO\U Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADnrtN. Public Works CO MMITTrl" Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE PI {N1) I'll)RI RI?(?UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $1,367,580.11 $1,633,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (NEW PAGE 10, PROPOSED 2012 CIP) Connnents: MTG. DATE I RECORD OF COUNCIL ACTION 11/28/11 Forward to next Regular Meeting 12/05/11 MTG. DATE I ATTACHMENTS 11/28/11 Informational Memorandum dated 11/18/11 Supplemental Agreement No. 9 with KPFF Minutes from the Transportation Committee meeting of 11/21/11 12/05/11 I Mo attachmPnt 107 V COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayors review Coun l review 11/28/11 5. M. 12/05/11 B ITEM INFORMATION CAS NU1VfBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/28/11 AGENDA ITEM TITLE Tukwila Urban Center Transit Center Consultant Supplemental Agreement No. 13 with IBI Group CATEGORY Discussion Motion Resolution Ordinance BidAxard Public Hearing Other t17tg Date 11128111 Mtg Date 12109111 Itg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR F Police ®P1V SPONSOR'S This supplemental agreement will complete the final design of the Transit Center and SUN4MARY prepare the bid documents. With the WSDOT Regional Mobility grant of $4.7 million, the Transit Center is funded and scheduled to begin construction in 2012. This supplement is one of two being presented with the Andover Park W street improvements. Council is being asked to approve Supplemental Agreement No. 13 in the amount $429,000.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $429,000.00 $738,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (NEW PAGE 16, PROPOSED 2012 CIP) Comments: MTG. DATE j RECORD OF COUNCIL ACTION 11/28/11 Forward to next Regular Meeting 12/05/11 MTG. DATE I ATTACHMENTS 11/28/11 Informational Memorandum dated 11/18/11 New page 16, Proposed 2012 CIP Supplemental Agreement No. 13 with IBI Group Minutes from the Transportation Committee meeting of 11/21/11 12/05/11 INo attachments 109 lE COUNCIL AGENDA SYNOPSIS I CASNUMBER: AGENDA ITEM TI T7,E Initialf Meetil q Date Prepared by Mayo, I s re ew 11/28/11 B Mayor, 12/05/11 ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON Council review ITEM NO. 5.N. ORIGINA], AGENDA DATE: 11/28/11 Andover Park West Street Improvements Consultant Supplemental Agreement No. 14 with IBI Group CATEGORY Discussion Motion Resolution Ordinance BidAxard Public Hearing ❑Other Mtg Date 11128111 Mtg Date 12105111 Mtg Date Mtg Date Mtg Date Mtg Date A/Itg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police Pfr/ SPONSOR'S This supplemental agreement will complete the final design of the Andover Park West SUMMARY street improvements as well as the design of the APW water main replacement. Combining these two projects with the Transit Center into one design and construction project will reduce costs. With the State TIB grant of $1.42 million, the project is funded and scheduled to begin construction in 2012. Council is being asked to approve Supplemental Agreement No. 14 in the amount $313,037.00. RFV]EWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONsoR /ADMIN. Public Works Comm"r1TE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPINDITUR.12" RLQUIRI�-'D AMOUNT BUDGETED APPROPRIATION REQUIRED $313,037.00 $530,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS &401 WATER (NEW PAGE 17 AND 89, PROPOSED 2012 CIP) Comments: 167,693000 forAPW Street and $145,344.00 forAPW New Water Main MTG. DATE 11/28/11 12/05/11 MTG. DATE 11/28/11 12/05/11 I RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 11/18/11 New page 17 and 89, Proposed 2012 CIP Supplemental Agreement No. 14 with IBI Group Minutes from the Transportation Committee meeting of 11/21/11 No attachments 111 112 CO UNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review I Council review 11/28/11 BG //C 1 12/05/11 BG C I U� 1 5.0. ITEM INFORMATION CAS NUMBF-`R: STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE=: 11/28/11 AGI -NDA ITEM TITLE Tukwila Urban Center Transit Center Ordinance for Acquisition of Right -of -Way, Permanent Easements, and Temporary Construction Easements CATEGORY ®Discussion ❑Motion Resolution ®Ordinance ❑BidAuard ❑Public Hearing Other Mtg Date 11/ZB/11 Aft Date Ali g Date Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date SPONSOR Council E] Ma Adm Svcs DCD Finance .Fire Legal E] PAR E] Police ®PW SPONSOR'S The final design of the Transit Center is underway and construction is scheduled to begin in SUMMARY 2012. This Ordinance provides the authority to acquire the needed property for the Transit Center and includes acquisition of right -of -way, permanent easements, and temporary construction easements. Four parcels are being impacted. Council is being asked to approve the Ordinance authorizing acquisition of the properties for the Transit Center. R1-VII WED 13Y COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parrs Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIrrrE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPI3NDE'I'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (NEW PAGE 16 PROPOSED 2012 CIP) Cor7wwnts: MTG. DATE 11/28/11 12/05/11 MTG. DATE 11/28/11 I 12/05/11 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 11/18/11 Draft Ordinance with Exhibits Minutes from the Transportation Committee meeting of 11/21/11 Ordinance in final form 113 114 City of Tukwila Washington Ordinance Igo. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE TUKWILA TRANSIT CENTER PROJECT; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR PAYMENT THEREOF, AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 6, 2010, the City Council adopted the 2011 -2016 Capital Improvement Program (CIP), by Resolution No. 1730; and WHEREAS, on December 5, 2005, the City Council amended the Transportation Element of the Comprehensive Plan, by Ordinance No. 2108, which included the Tukwila Urban Center Transit Center Project as a high priority project necessary to provide quality transit service and complement adjacent land uses; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that said project be undertaken at this time and that in order to carry out the project it is necessary at this time for the City to acquire interests and rights to the properties described herein; and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, notice of the planned final action was handled in accordance with RCW 8.25.290 to include publication in "The Seattle Times" and "Daily Journal of Commerce" on November 21 and November 28, 2011; W: Word Processing \Ordinances\Aquisition of land- Transit Center project 11 -16 -11 Page 1 of 3 SK:bjs 115 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, commonly known as a portion of Andover Park West near Baker Boulevard and further described in the attached Exhibits A through D, are necessary for construction of the Tukwila Urban Center Transit Center Project described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the project to be a public use, specifically the lengthening of the existing bus pull -out on the west side of Andover Park West, widening a portion of Andover Park West to accommodate a new bus pull -out, and construction of an improved on- street transit center including the improvement or installation of custom bus shelters, street furniture, pedestrian plazas, and the related construction or addition of curb, gutter and sidewalk, signalization, illumination, landscaping, irrigation, storm drainage and storm detention. The City Council specifically finds construction of the project to be necessary and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 2011 -2013 Regional Mobility Grant awarded to the City of Tukwila by the Washington State Department of Transportation, from general funds of the City of Tukwila, and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners or as ordered by the Court. Section 5. 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 6. 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 W: Word Processing \Ordinances\Aquisition of land- Transit Center project 11 -16 -11 116 SK:bjs Page 2 of 3 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 7. 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 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Exhibit A Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Andover Park West Right -of -Way Take Legal Description and Map Northbound Transit Temporary Construction Easement Legal Description and Map Exhibit B Southbound Transit Easement Legal Description Southbound Transit Center Temporary Construction Easement Legal Description and Map (2 pages) Exhibit C Canopy Easement Legal Description and Map Exhibit D Temporary Construction Easement Legal Description and Map W: Word Processing \Ordinances\Aquisition of land- Transit Center project 11 -16 -11 SK:bjs Page 3 of 3 117 118 EXHIBIT A City of Tukwila Tax Parcel No. 02231000010 Andover Park West Right of Way Take That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under Recording No. 20050928900006, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 2; Thence South 00° 11'38" East, along the west line thereof and the east margin of Andover Park West, a distance of 12.04 feet to the POINT OF BEGINNING; Thence continuing along said east margin through the following courses: South 00 °11'38" East a distance of 23.21 feet; Thence South 89 °48'22" West a distance of 5.50 feet; Thence South 00° 11'38" East a distance of 250.50 feet to the beginning of a tangent curve concave to the northeast and having a radius of 50.00 feet; Thence southeasterly along the arc of said curve through a central angle of 55 °2855" a distance of 48.42 feet; Thence leaving said east margin, North 00 °11'38" West a distance of 314.91 feet; Thence South 89 °48'22" West a distance of 16.17 feet to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 6,429 square feet, more or less ran 1278 PAP09 \09603.13 Final Design \docs\IBI Tukwila APW Right of Way Take.doc 119 I DELTA 1 55'28'55"1 PAR 0223100020 -4 NW COR. LOT 2 POB— a L35 r CONC. DR. w -L37 r Z PARCEL 0223100010 0 z /A n L4 1 6 C 1 6 I I I by --I- p O c -C O' ASPH BLDG. CONC BAKER S89 E BL VD. EXHIBIT MAP TUKWILA TRANSIT CENTER ANDOVER PARK WEST RIGHT OF WAY TAKE 1 CURVE TABLE CURVE I LENGTH I RADIUS C211 48.421 50.001 AREA OF RIGHT OF WAY TAKE M //i it 17 It 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 SCALE: t" T. 50' PACE FILE: D ATE: /11 B FW Civil 1 Structural I Planning 1 Survey DATE: 11 /16/11 BY: Fw PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 120 LINE TABLE I o LINE I BEARING I LENGTH L341 S00'11'38 "EI 12.04 L351 S89'48'22 "WI 16.17 0 L361 S00'1 1'38 "E I 23.21 m L371 S89'48'22 "W I 5.50 1 CURVE TABLE CURVE I LENGTH I RADIUS C211 48.421 50.001 AREA OF RIGHT OF WAY TAKE M //i it 17 It 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 SCALE: t" T. 50' PACE FILE: D ATE: /11 B FW Civil 1 Structural I Planning 1 Survey DATE: 11 /16/11 BY: Fw PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 120 EXHIBIT MAP TUKWILA TRANSIT CENTER ANDOVER PARK WEST RIGHT OF WAY TAKE I CURVE TABLE CURVE I LENGTH 1 RADIUS 1 DELTA I C211 48.421 50.001 55'28'55" AREA OF RIGHT OF WAY TAKE L1//////i nhp �8 s Y �p {1778 0 i 3 b NAL LA1h�� I PAR 0223100020 V NW COR. LOT 2 POB— CONC. DR. PARCEL 0223100010 tZJ Co A 7 i ASPH. Z01 BLDG. /Z' l u CONC t I I I I BAKER S89 "E BL VD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 I f. 425.827.5043 SCALE: 1" 50' PACE FILE: \EASEMENT EXHIBIT.DWG Civil I Structural I Planning I Survey DATE: 11/16/11 BY: FW An Engineering Services Company paceengrs.com PROJ. NO.: 09603.13 121 LINE TABLE I LINE I BEARING I LENGTH I L341 S00'1 1'38 "E I 12.04 L351 S89 "W I 16.17 L361 S00'1 1'38 "E I 23.21 L371 S89 48'22 "W I 5.50 I CURVE TABLE CURVE I LENGTH 1 RADIUS 1 DELTA I C211 48.421 50.001 55'28'55" AREA OF RIGHT OF WAY TAKE L1//////i nhp �8 s Y �p {1778 0 i 3 b NAL LA1h�� I PAR 0223100020 V NW COR. LOT 2 POB— CONC. DR. PARCEL 0223100010 tZJ Co A 7 i ASPH. Z01 BLDG. /Z' l u CONC t I I I I BAKER S89 "E BL VD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 I f. 425.827.5043 SCALE: 1" 50' PACE FILE: \EASEMENT EXHIBIT.DWG Civil I Structural I Planning I Survey DATE: 11/16/11 BY: FW An Engineering Services Company paceengrs.com PROJ. NO.: 09603.13 121 City of Tukwila Tax Parcel No. 0223100001.0 Northbound Transit Temporary Construction Easement Description That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under Recording No. 20050928900006, records of R ing County, Washington, described as follows: Commencing at the northwest corner of said Lot 2; Thence South 00 °11'38" East, along the west line. thereof and the east margin of Andover Park West, a distance of 12.04 feet to the POINT OF :BEGINNING of the easement herein described; Thence North 89 °48'22" East, at right angles to said east margin, a distance of 16.17 .feet; Thence South 00 °11'38" East, parallel with the west line of said Lot 2 and east margin of Andover Park West a distance of 314.91 feet to the south line of said Lot 2, and. the beginning of a non- tangent curve concave to the northeast from which the radius point bears North 34'19'27" Fast a distance of 50.00 feet;. Thence southeasterly along the arc of said curve through a central angle of 32 °45'54" a distance of 28.59 feet; Thence North 00° 17'29" East a distance of 20.00 feet; Thence North 89 °42'31 West, parallel with said south line of Lot 2 a distance of 3.39 feet to the beginning of a tangent curve concave to the northeast and having a radius of 30.00 feet; Thence northwesterly along the arc of said curve through a central angle of 38"24'04" a distance of 20.11 feet; Thence North 00 °11'38" West, parallel with said west line of Lot 2 and cast margin of Andover Park West, a distance of 302.03 feet; Thence South 89 °48'22" West, at right angles to said west line, a distance of 21.17 feet to said west line of said Lot 2 and east margin of Andover Park West; Thence South 00 °1198" East, along said west line and east margin a distance of 5.00 feet to the POINT OF BEGII�INING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 2,121 square feet, more or less. P:11 Final DesignWocABI 'Tukwila Northbound Transit Temp L'•sint.doc 122 EXHIBIT MAP TUKWILA TRANSIT CENTER NORTHBOUND TEMPORARY CONSTRUCTION EASEMENT 7 CURVE TABLE I CURVE I LENGTH I RADIUS I DELTA I C211 48.421 50.001 55 C22 20.111 30.001 38 C23 28.591 50.001 32'45'54 "1 TEMPORARY CONSTRUCTION EASEMENT AREA DETAIL 1____20___� L39 I I I I I �a I 1 I I L------------------- -J, i PAR 0 223100020 NW COR. LOT 2 L35 L38 CONC. DR. N PARCEL 0223100010 5.00' �`l'pO I p p 5 O o CR m ASPH. N BLDG. CONC I I I I I I I I I SEE DETAIL 1 OPPOSITE 1. BAKER AVD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 SCALE: t" 50' PACE FILE: DATE: /11 B FW Civil Structural 1 Planning 1 Survey DATE: 11 /t 6/t 1 BY: Fw 1 PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 123 LINE TABLE I LINE I BEARING I LENGTH 1 L341 S00'11'38 "EI 12.041 L351 S89'48'22 "WI 16.171 o 1 rn L361 SOO'11'38 "E 1 23.211 L371 589'48'22 "W I 5.501 L381 S89'48'22 "wl 21.171 I m L391 N89 "W I 3.391 1 L401 N00 17'29 "E I 20.00 I' I CURVE TABLE I CURVE I LENGTH I RADIUS I DELTA I C211 48.421 50.001 55 C22 20.111 30.001 38 C23 28.591 50.001 32'45'54 "1 TEMPORARY CONSTRUCTION EASEMENT AREA DETAIL 1____20___� L39 I I I I I �a I 1 I I L------------------- -J, i PAR 0 223100020 NW COR. LOT 2 L35 L38 CONC. DR. N PARCEL 0223100010 5.00' �`l'pO I p p 5 O o CR m ASPH. N BLDG. CONC I I I I I I I I I SEE DETAIL 1 OPPOSITE 1. BAKER AVD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 SCALE: t" 50' PACE FILE: DATE: /11 B FW Civil Structural 1 Planning 1 Survey DATE: 11 /t 6/t 1 BY: Fw 1 PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 123 124 EXHIBIT B City of Tukwila Parcel A and G —Binding Site Plan #L10 -032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032, recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of King County, Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence North 00 °11'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of 288.32 feet; Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the arc of said curve through a central angle of 3 °47'32" a distance of 8.27 feet; Thence South 00°11'38" East a distance of 14.75 feet to the beginning of a non tangent curve concave to the south from which the center point bears South 05 °48'17" East a distance of 95.00 feet; Thence westerly along the arc of said curve through a central angle of 27 °43'16" a distance of 45.96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the are of said curve through a central angle of 56 °20'23" a distance of 7.87 feet; Thence North 89 °46'16" East a distance of 18.79 feet; Thence South 00 °04'14" East a distance of 219.23 feet; Thence South 00 °19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the east and having a radius of 8.25 feet; Thence southerly along the arc of said curve through a central angle of 44 °07'53" a distance of 6.35 feet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the arc of said curve through a central angle of 48 °27'27" a distance of 10.99 feet; Thence North 89 °48'22" East a distance of 23.40 feet to the east line of said Parcel A and west margin of Andover Park West; Thence North 00° 11'38" West along said east line of Parcels A and G and west margin of Andover Park West, a distance of 167.81 feet to the POINT OF BEGINNING. Together with that portion of said Parcel A described as follows: Commencing at northeast corner of said Parcel G; Thence North 00 0 11'38" West along the east lines of said Parcels G and A and said west margin of Andover Park West, a distance of 317.54 feet to the POINT OF BEGINNING of the easement area herein described; Thence continuing North 00 °11'38" West along said east line of Parcel A and west margin, a distance of 36.26 feet; Thence North 89 °10'47" West a distance of 29.17 feet to the beginning of a tangent curve concave to the southeast and having a radius of 1.80 feet; Thence southwesterly along the arc of said curve through a central angle of 88 °21'16" a distance of 2.78 feet; Thence South 02 °27'57" West a distance of 17.42 feet; Thence South 00 °46'46" West a distance of 17.67 feet; PAP09 \09603.13 Final Design \docs \IBI Tukwila Southbound Transit Easement.doc 125 Thence North 89'48'22" East a distance of 32.11 feet to the POINT OF BEGINNING; Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 18.3 t 8 square feet, more or less. Ile 3242n P:T09 \09603.13 Final Design \doesUBi -Tukwila Southbound Transit Easement.doc M City of Tukwila Parcel A and G Binding Site Plan #1, 10 -032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Center Temporary Construction Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032, recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of King County, Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence North 00 °11'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of 288.32 feet to the POINT OF BEGINNING of the easement herein described; Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the arc of said curve through a central angle of 3 °47'32" a distance of 8.27 feet; Thence South 00 °11'38" East a distance of 14.75 feet to the beginning of a non tangent curve concave to the south from which the center point bears South 05'48'17 East a distance of 95.00 feet; Thence westerly along the arc of said curve through a central angle of 27'43'16" a distance of 45.96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the arc of said curve through a central angle of 56 °20'23" a distance of 7.87 feet; Thence North 89'46'16" East a distance of 18.79 feet; Thence South 00 °04'14" East a distance of 219.23 feet; Thence South 00'19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the east and having a radius of 8.25 feet; Thence southerly along the are of said curve through a central angle of 44 °07'53" a distance of 6.35 feet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the arc of said curve through a central angle of 48 °27'27" a distance of 10.99 feet; Thence North 89 °48'22" East a distance of 23.40 feet to said west margin of Andover Park West; Thence South 00 °11'38" East along said west margin a distance of 5.00'; South 89 48'22" West a distance of 23.40 feet to the beginning of a tangent curve concave to the northeast and having a radius of 18.00 feet; Thence northwesterly along the arc of said curve through a central angle of 48 °27'27" a distance of 15.22 feet to the beginning of a compound curve having a radius of 13.25 feet; Thence northerly along the are of said curve through a central angle of 44 °07'53" a distance of 10.21 feet Feet; Thence North 00 °19'53" West a distance of 6.27 feet; Thence South 89 40'07" West a distance of 4.00 feet; Thence North 00 °19'53" West a distance of 15.88 feet; Thence North 89 °40'07" East a distance of 4.00 feet; Thence North 00 °19'53" West a distance of 112.51 feet; Thence South 90 °00'00" West a distance of 13.00 feet; Thence North 00 16'56" West a distance of 243.16 feet to the beginning of a non tangent curve concave to the northeast from which the radius point bears North 00 °13'44" West a distance of 13.00 feet; Thence northwesterly along the arc of said curve through a central angle of 56 °20'23" a distance of 12.78 feet; PAP09 \09603.13 Final Design \docs\IBI Tuk %N ila Southbound Temp Easement.doe 127 Thence northeasterly along the arc of said. curve through a central angle of 2800'04" a distance of 48.87 feet; Thence North 00 °I 1'38" West a distance of 14.60 feet to the beginning of a non tangent curve concave to the south from which the center point bears :South 07 °28'49" East a distance of 130.00 feet; Thence easterly along the arc of said curve through a central angle of 5 °48'36" a distance of 13.18 feet; Thence North. 89 °46'20" East a distance of 29.76 feet to said west marghl.of Andover Park West: Thence South 00' 1'38" East „along said west margin, a distance of 5.00 feet to the POINT OF BEGINNING. Together with that portion of said Parcel A described as follows; Commencing at northeast corner of said. Parcel G; 'thence North 00°11'38” West along the east lines of said Parcels G and A and said west margin, of Andover Park West, a distance of 353.80 feet to the POINT OF BEGINNING of the easement area herein described; Thence North 89'10'47" West a distance of 29.17 feet to the beginning of a tangent curve concave to the southeast and having a radius of 1.80 feet; Thence southwesterly along the arc of said curve through a central angle of 88"21'16" a distance of 2.78 feet; Thence South 02 °27'57" West a distance of 17.42 feet; Thence South 00 °46'46" West a distance of 17.67 feet; Thence North 89 °48'22" East a distance of.32.11 feet to said west margin of Andover Park West; Thence South 00°11'38" East along said west margin a distance of 5.00 feet; Thence South 89 °48'22" West a distance of 37.19 feet; Thence North 00 °46'46" East a distance of 22.75 feet; Thence North 02 °27'57" .East a distance of 17.42 feet to the beginning of a tangent curve concave to the southeast and having a radius of 6.80 feet; Thence southwesterly along the arc of said curve through a central angle of 88 °21'16" a distance of 10.49 feet; Thence South 89° 10'47" East a distance of 29.08 feet to said west margin of Andover Park West; Thence South 009 1'38" East along said west margin a distance of 5.00 feet to the POINT OF BEGINNING; Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 6,809 square feet, more or less. v 2-0 0 i'c�F tit`A;,z� \G >1 32 t PA1 \09603.13 Final Design \docs\lal 'rulmila Southbound Temp Easement.doc v PAGE 1 EXHIBIT MAP TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL SEE PAGE 2 FOR CURVE TABLE TRANSIT EASEMENT 1///////a TEMPORARY. CONSTRUCTION EASEMENT CONTINUED ON PAGE 2 LJ r- cli ZI y a QJ co ll e I I �POB PRcc\- G 24 AREA1 P 5.0' TYP. I fff f►- I t 0 n I I In! tnOf I NIV l /fP I i I ,c W z I 0) A 0 L L25�0 1 W r �ln N L2 N 4 C 7 7 PARCEL c1A L 9 C1C8, II 1 30.00 I 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 PA rCivil I Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW PROD. NO.:09603.13 I s I 129 LINE TABLE LINE I BEARING I LENGTH L21 S00'1 1'38 "E 1 14.75 L31 S33'53'21 "E 1 35.87 L41 N89'46'16 "El 18.79 L71 NOO'11'38 "W1 36.26 L81 N89'10'47 "W I 29.171 L91 S02'27'57 "W I 17.421 L101 S00'46'46 "WI 17.67 L121 589'46'20 "W I 29.76 L131 N89'48'22 "El 2140 L141 N89'48'22 "El 32.111 L151 N89'46'20 "E1 29.761 L161 N00'1 1'38 "W 1 14.601 L171 N33 53'21 "WI 40.781. L181 S89 46'16 "Wi 13.771 L191 S89'59'26 "W 1 12.011 L201 S00'00'00 "E 1 21.871 L211 N89'59'37 "E 1 3.661 L221 504'20'21 "E 1 63.361 L231 SOO'00'34 "WI 53.581 L241 S90'00'00" W I 13.001 L251 N89'40'07 "EI 4.001 L261 N00'19'53 "W I 15.881 L271 S89'40'07 "Wi 4.001 L281 N00'19'53 "Wi 6.271 L291 S89'48'22 "W 1 23.401 L301 S89'10'47 "EI 29.081 L311 NO2'27'57 "El 17.421 L321 S00'46'46 "WI 22.751 L331 S89'48'22 "WI 37.191 SEE PAGE 2 FOR CURVE TABLE TRANSIT EASEMENT 1///////a TEMPORARY. CONSTRUCTION EASEMENT CONTINUED ON PAGE 2 LJ r- cli ZI y a QJ co ll e I I �POB PRcc\- G 24 AREA1 P 5.0' TYP. I fff f►- I t 0 n I I In! tnOf I NIV l /fP I i I ,c W z I 0) A 0 L L25�0 1 W r �ln N L2 N 4 C 7 7 PARCEL c1A L 9 C1C8, II 1 30.00 I 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 PA rCivil I Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW PROD. NO.:09603.13 I s I 129 EXHIBIT MAP TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL LEGEND: HORIZONTAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10 -032 NEW TRANSIT EASEMENT HATCHED AREAS BSIP PARCEL LINES CENTERLINE RIGHT OF WAY LINE i C11 ac -�I .J C14 C15 PAGE 2 30.00' .14.50' KL7 NORTHI AREA BAKER N 1 BL VD. 30.00' IA 100 C117 7 J 30.00' F o \N �Q N N/ x I N CONTINUED FROM PAGE 1 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 I f. 425.827.5043 rPACE C l vll I Structural j Plann ing I Sury ey An Engineering Services Company paceengrs.com SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW PROJ. NO.: 09603.13 CURVE TABLE 1 CURVE I LENGTH 1 RADIUS 1 DELTA C3 45.961 95.001 27 C41 7.871 8.001 56'20'23" 1 C71 6.351 8.251 44'07'53" 1 C81 10.991 13.001 48 C111 2.781 1.801 88 C141 8.271 125.001 3 47'32 "1 C151 13.181 130.001 5'48'36" 1 C161 48.871 100.001 28'00'04" 1 C171 12.781 13.001 56'20'23 "1 C181 10.211 13.251 44'07'53" C191 15.221 18.001 48'27'27" C201 10.491 6.801 88'21'16" LEGEND: HORIZONTAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10 -032 NEW TRANSIT EASEMENT HATCHED AREAS BSIP PARCEL LINES CENTERLINE RIGHT OF WAY LINE i C11 ac -�I .J C14 C15 PAGE 2 30.00' .14.50' KL7 NORTHI AREA BAKER N 1 BL VD. 30.00' IA 100 C117 7 J 30.00' F o \N �Q N N/ x I N CONTINUED FROM PAGE 1 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 I f. 425.827.5043 rPACE C l vll I Structural j Plann ing I Sury ey An Engineering Services Company paceengrs.com SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW PROJ. NO.: 09603.13 EXHIBIT C City of Tukwila Parcels A and G Binding Site Plan #1.,.10 -031 Tax Parcel No.'s 9202470010 and 9202470070 Canopy .Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. 1,10 -032, recorded in volume 256 of Plats, Pages I through 9, under Recording No. 20101.021000765, records of' King County, Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence South 00 °11'38" East along the east line thereof and the west margin of Andover Park West a distance of 42.73 feet to the POINT OF BEGINNING; Thence continuing South 00 °11'38" East along said west margin a distance of 68.17 feet; Thence North 89 °54'34" West a distance of 62.85 feet; Thence North 00 °19'59" East a distance of 68.15 feet; Thence South 89 °56'07" East a distance of 62.27 feet; to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 4,264 square feet, more or less. PAP09109603.13 Final DesignldocsUBl -Tukwila Canopy EasementIdoc 131 EXHIBIT MAP FIRESTONE CANOPY EASEMENT PARCEL G BSIP L10 -032 I NE COR. r 1 PARCEL G CANOPY N89'56'07 "W 62.27' !I 4 F-� 30 00' r- �POB Z,/, N w o 001 w �of�z a, +';o 0'56'31 Y' J 1 45.00' z –2.31' 1 00 J N89'54'34 "W 62.85' I b I c I PARCEL G WEA SOUTHCENTER LLC BSIP �V L 249/77 -84 30. )0' O PAR A Q I LEGEND: HORIZONTAL DATUM CITY OF TUKWILA BSIP PARCEL LINES BINDING SITE IMPROVEMENT PLAN NO, L10 -032 CENTERLINE NEW CANOPY EASEMENT HATCHED AREA RIGHT OF WAY LINE rP Kirkland Way, Suite 300 Kirkland, WA 98033 SCALE: 1" p 425, 827 2 I f. 425,827.5043 DATE: 11/15/11 BY: FW Civil I Structural I Planning I Survey PROD. NO.: 09603.13 An Engineering Services Company paceengrS.com 132 EXHIBIT D City of Tukwila Tax Parcel No. 0223100075 Temporary Construction Easement Description That portion of Tract 7, Andover Industrial Park No. 2, according to the plat thereof recorded in Volume 71 of Plats, Page 68, in King County, Washington, lying north of a line drawn parallel with the south line of Baker Boulevard, and 459 feet south thereof., and more particularly described as follows: Commencing at the southwest corner of said parcel; Thence North ()0 °11'38" West, along the west line of said parcel and east margin of Andover Park West, a distance of 396.59 feet; "Thence North 89 °48'22" East, at.right angles to said east margin, a distance of 10.00 feet to the east line of an existing; 10.00 wide easement as shown on said plat, and the POINT OF BEGINNING of the easement herein described; Thence continuing North 89 °48'22" East a distance of 5.00 feet; Thence North 00 °11'38" West, parallel with said margin, a distance of 12.69 feet to the beginning of a tangent curve concave to the southeast and (laving a radius of 35.00 feet; Thence northeasterly along.the are of said curve through a central angle of 90 °29'07" a distance of 55.27 feet; Thence South 89 °42'31" East, parallel with the south margin of said Baker Street, a distance of 106.48 feet; Thence North 00 °17'29" East, at right angle to the south line of said .Baker Street, a distance of 5.00 feet to the south line of said existing easement; Thence along said easement line, and parallel with said south and east margins, through the following courses: North 89 °42'31" West a distance of 106.48 feet to the beginning of a tangent curve concave to the southeast and having a radius of 40.00 feet; Thence southwesterly along the arc of said curve through a central angle of 90 °29'07" a distance of 63.17 feet; Thence South 00 °I 1'38" East a distance of 12.69 feet to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 891 square feet, more or less. P:\P09 \09603,13 Final Design \does \IB1 Tukwila Temporary Construction Esint.doc 133 EXHIBIT MAP TUKWILA TRANSIT TEMPORARY CONSTRUCTION EASEMENT 30.00' I W Q I s O Q o Z I zz Q G SCALE: 1 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/11/11 BY: FW PROJ. NO.: 09603.13 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 PACE p. 425.827.2014 1 f. 425.827 Civil Structural Planning j Survey An Engineering Services Company paceengrs.com 134 C� Co BAKER o f S89'42'31 "E BLVD. •o 1 p= 90.29'07" 40.00' o L= 63.17' rnN r_-_WA K_ 106.48' 106.48' 1 NOV 7'29 "E J A=90'29 07 o 5.00' POB R= 35.00' L= 55.27' 6 i 2.69' PARCEL 02231000751 30.00' "E N89'48'22 5 00 p "E N89'48'22 10.00' �C"> I a EXISTING r y EASEMENT I M I PER PLAT CAR LOT II ti SW CORNER t PARCEL SCALE: 1 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/11/11 BY: FW PROJ. NO.: 09603.13 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 PACE p. 425.827.2014 1 f. 425.827 Civil Structural Planning j Survey An Engineering Services Company paceengrs.com 134 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meetin,a Date Prepared by Mayor's review Co '1 review 11/28/11 I BG 12/05/11 B r I i 5.P. CAS NUI BEi 'R: AGENDA I 'I'EM TITLE CAT'E'GORY Discussion ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON IORIGINAI.AGENDA DATE: 11/28/11 Tukwila Urban Center Access (Klickitat) Right -of -Way Transfer between WSDOT and Tukwila Mt g Date 11/28/11 Motion Resolution Ordinance Bid Azvard Public Hearing Other Aft g Date 12/05/11 tl2tg Date Mtg Date 11Itg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance .Fire Legal PAR Police PIS SPONSOR'S With the completion of the TUC Access (Klickitat) Project, the Southcenter Parkway right SUMNfARY of -way needs to be ultimately turned back to Tukwila for maintenance responsibilities. First, we must convey the ROW to WSDOT by Quit Claim Deed, which includes an after acquired title clause (for ROW originally conveyed from Westfield Mall). Second, WSDOT will adjust the limited access line and convey the entire ROW back to Tukwila by means of the Turnback Agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMPI'FEE' Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPF?NDI'1'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 13, PROPOSED 2012 CIP) Comments: MTG. DATE 11/28/11 12/05/11 MTG. DATE 11/28/11 12/05/11 RECORD OF COUNCIL ACTION Forward to next Reqular Meeting ATTACHMENTS Informational Memorandum dated 11/18/11 Letter of Understanding dated 4/5/10 Quit Claim Deed with After Acquired Title Clause from Tukwila to WSDOT Turnback Agreement from WSDOT to Tukwila Minutes from the Transportation Committee meeting of 11/21/11 No attachments 135 136 Upcoming Meetings Events December 2011 5th (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 0 ran sponatien r tete, s OA PM (Cancelled) Civil Service Commission, 5:00 PM (CR #3) City Council Executive Session, 6:00 PM City Council Regular Mtg., 7:00 PM (Council Chambers) Chamber of COPCAB, Commerce 6.30 PM Gov't. (CR 45) Community (Rescheduled Affairs Cmte, from 11/23111) 12:00 NOON (Council (Chamber Tukwila Ofce) Finance Safety Cmte, 5:00 PM (CR #3) Arts Commission 5:30 PM (Community Center) 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) Community Utilities Cmte, Planning Affairs Parks 5:00 PM Commission, Cmte, (CR 91) 6:30 PM 5: 00 PM (Council (CR #3) Tukwila Chambers) International Tukwila Boulevard Tukwila Metropolitan Action Cmte, Historical Park District 7:00 PM Society, Board of (Community 7:00 PM Commissioners Center) (Tukwila Meeting, Heritage 6:00 PM Cultural Center, (Council 14475 5SA Ave Chambers) S) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Committee of the Whole meeting to be immediately followed by a Special Meeting 10th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Friendz Cafe (12930 E. Marginal Way) 17th (Saturday) ➢Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Lynn Wallace at 206 -575 -1633. ➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 93. Contact Human Resources at 206 433 -1831. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. (A) A resolution regarding the non represented employee wage and benefit package. (B) A resolution adopting the Deferred Compensation Plan. (C) Revenue Generating Regulatory License (RGRL) audit. (D) Miscellaneous revenue report. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342. Lodging Tax Advisory Committee: Every other month (or as sclieduled), 1200 NOON. Contact Katherine Kertzman at 206 -575 -2489. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. ➢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. ➢Sister City Committee: Quarterly, 5:30 PM, Tukwila Community Center. Contact Tracy Gallaway at 206- 767 -2305. ➢Transportation Committee: 1st 3rd Mon., 500 PM, Conf. Room 1 121512011 meeting cancelled. Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at 206- 433 -1861. ➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Interim Chief Villa at 206- 433 -1815. ➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 137 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. December 5 See agenda packet cover sheet for this week's agenda Oct ember �W I Pc;; ul�n b'I�<c- tiri;; i 12 19 27 (Tuesday) A uuoi n tin en ts: Equity and Divers v: Confirm the appointment of (_'harhe Penor to Position #7 on the Pgtuty m1 Diversity with a term expiring 7/31/2013 Civil Service: Confirm the reappointment of Ronald Jolmtston to Position #2 on the Civil Service Commission, with a term expiring 12/31/2017. Library Advisorv: Confirm the reappointment of Marie Parrish to Position #3 on the Libruv Advisory Board, with a term to expire 12 /31/2013. Confirm the reappointment of Linda McLeod to Position #5 on the Libruv Advisory Board, with a term to expire 12 /31/2013. TTnfmitihed Butimetiti: A briefing on Tukwila Village draft deal terms. New Busnness: A resolution thanking Joan Hcrnmldez for her vears of service. 1W