HomeMy WebLinkAboutOrd 2365 - Reenact TMC Chapter 16.26 "Fire Impact Fees" (Repealed by Ord 2571)
Cover page to Ordinance 2365
The full text of the ordinance follows this cover page.
Ordinance 2365 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 (part) 2486 2571
1 (part) 2521
Ordinance No. 2365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2219,
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER
16.26; REENACTING TMC CHAPTER 16.26, "FIRE IMPACT
FEES," TO AMEND THE PROCESS FOR IMPOSING AND
ADMINISTERING FIRE IMPACT FEES TO BETTER ADDRESS THE
NATURE OF DEVELOPMENT ACTIVITY IN TUKWILA; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008;
and
WHEREAS, after implementation of Ordinance No. 2219, certain refinements have
been identified based on the unique nature of the development activity in Tukwila; and
WHEREAS, the City desires to simplify the process of imposing and administering
fire impact fees,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 16.26 Reenacted. Tukwila Municipal Code (TMC)
Chapter 16.26 is hereby reenacted to read as follows:
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CHAPTER 16.26
FIRE IMPACT FEES
Sections:
16.26.010
Authority and Purpose
16.26.020
Findings
16.26.030
Definitions
16.26.040
Fire Impact Fee Assessment
16.26.050
Use of Fire Impact Fees
16.26.060
Fire Impact Fee Capital Facilities Plan
16.26.070
Fire Impact Fee Formula
16.26.080
Fire Impact Fee Adjustments
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16.26.090
Credits
16.26.100
Appeals
16.26.110
Refunds
16.26.120
Exemptions
16.26.130
Authority Unimpaired
16.26.010 Authority and Purpose.
A. Authority. The City of Tukwila's impact fee financing program has been
developed pursuant to the City of Tukwila's policy powers, the Growth Management Act as
codified in Chapter 36.70A of the Revised Code of Washington (RCW).
B. Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila's Fire Department Capital
Facilities Plan and the Capital Improvement Program for joint public and private financing
of fire protection services necessitated in whole or in part by development within the City of
Tukwila;
2. Ensure adequate levels of public fire protection and service are consistent
with the current level of service standards;
3. Create a mechanism to charge and collect fees to ensure that development
bears its proportionate share of the capital costs of public fire protection facilities
necessitated by development; and
4. Ensure fair collection and administration of such fire impact fees.
16.26.020 Findings. The City Council finds and determines that growth and
development in the City create additional demand and need for public fire protection
facilities in the City, and the City Council finds that growth and development should pay
its proportionate share of the costs of the facilities needed to serve the growth and
development in the City. Therefore, pursuant to RCW 36.70A and RCW 82.02.050
through 82.02.100, which authorize the City to impose and collect impact fees to fund
public facilities that serve growth, the City Council adopts this ordinance to impose fire
protection impact fees for fire protection services. It is the Council's intent that the
provisions of this ordinance be liberally construed in establishing the fire impact fee
program.
16.26.030 Definitions. Terms or words not defined herein shall be defined pursuant to
RCW 82.02.090 when given their usual and customary meaning. For the purposes of
this ordinance, unless the context or subject matter clearly requires otherwise, the
words or phrases defined in this section shall have the following meanings:
1. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction,
alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
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2. "City" means the City of Tukwila, Washington, County of King.
3. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or
structure, or any changes in the use of land, requiring development approval.
4. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
5. "Encumber" means to reserve, set aside, or earmark the fire impact fees in
order to pay for commitments, contractual obligations, or other liabilities incurred for the
provision of fire protective services.
6. "Fee payer" is a person, corporation, partnership, an incorporated
association or governmental agency, municipality, or similar entity commencing a land
development activity that requires a building permit and creates a demand for additional
fire capital facilities.
7. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this ordinance as a condition of granting development
approval in order to pay for the fire facilities needed to serve growth and development
that is a proportionate share of the cost of fire capital facilities used for facilities that
reasonably benefit development. Impact fees do not include reasonable permit fees,
application fees, administrative fees for collecting and handling fire impact fees, or the
cost of reviewing independent fee calculations.
8. "Owner" means the owner of record of real property, as found in the
records of King County, Washington, or a person with an unrestricted written option to
purchase property; provided, that if the real property is being purchased under a
recorded real estate contract, the purchaser shall be considered the owner of the
property.
9. "Proportionate share" means that portion of the cost for fire facility
improvements that are reasonably related to the service demands and needs of
development.
10. "Fire protection facilities" means all publicly owned apparatus and
buildings within the City that are used for fire protection and /or emergency response
and aid.
16.26.040 Fire Impact Fee Assessment.
A. The City shall collect fire impact fees from applicants seeking development
approvals from the City for any development activity in the City for which building
permits are required effective January 1, 2009, consistent with the provisions of this
ordinance.
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B. Fire impact fees shall be assessed at the time of a technically complete
building permit application that complies with the City's zoning ordinances and building
and development codes. Fire impact fees shall be collected from the fee payer at the
time the building permit is issued.
C. Except if otherwise exempt, the City shall not issue the required building permit
unless or until the fire impact fees are paid.
16.26.050 Use of Fire Impact Fees.
A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that
will reasonably benefit growth and development, and only for fire protection facilities
addressed by the City's Capital Facilities Element of the Comprehensive Plan.
B. Fees shall not be used to make up deficiencies in City facilities serving an
existing development.
C. Fees shall not be used for maintenance and operations, including personnel.
D. Fire impact fees shall be used for, but not limited to, land acquisition, site
improvements, engineering and architectural services, permitting, financing,
administrative expenses and applicable mitigation costs, and capital equipment
pertaining to fire protection facilities.
E. Fire impact fees may also be used to recoup public improvement costs incurred
by the City to the extent that growth and development will be served by the previously
constructed improvement.
F. In the event bonds or similar debt instruments are or have been issued for fire
facility improvements, impact fees may be used to pay the principal on such bonds.
16.26.060 Fire Impact Fee Capital Facilities Plan. In order to collect fire impact fees,
the City must first adopt a Fire Capital Facilities Plan as an element of the City's
Comprehensive Plan. The City's Capital Facilities Plan for fire protection services shall
consist of the following elements:
1. The City's capacity over the next six years, based on an inventory of the
City's fire facilities both existing and under construction;
2. The forecast of future needs for fire facilities based upon the City's
population projections;
3. A six -year financial plan component, updated as necessary, to maintain at
least a six -year forecast for financing needed within projected funding levels;
4. Application of the formula set forth in this ordinance based upon the
information in the Capital Facilities Plan; and
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5. City Council Action. No new or revised impact fee shall be effective until
adopted by the City Council following a duly advertised public hearing to consider the
City's Capital Facilities Plan or plan update.
16.26.070 Fire Impact Fee Formula.
A. The impact fee formula is based on the assumptions found in Tukwila Fire
Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List,
Exhibit B, both attached hereto and by this reference fully incorporated herein.
FIRE IMPACT FEE CALCULATIONS
Impact Fee
Land Use I Per Residential Unit I Per 1,000 Sq. Ft. GFA
Single family I $922
Multi- family $1,200
Office I $1,624
Retail $580
Industrial I I $127
B. Each development shall mitigate its impacts on the City's fire protection
facilities by payment of a fee that is based on the type of land use and square footage of
the development, and proportionate to the cost of the fire protection facility
improvements necessary to serve the needs of growth.
C. Applications for a change of use shall receive credit based on the existing use.
This credit is calculated by deducting the fee amount of the existing use from the fee of
the proposed use.
16.26.080 Fire Impact Fee Adjustments.
A. The City may adjust a fire impact fee at the time the fee is imposed in order to
consider unusual circumstances in specific cases to ensure that impact fees are imposed
fairly.
B. In calculating the fee imposed on a particular development, the City shall permit
consideration of studies and data submitted by a developer in order to adjust the amount
of the fee. The developer shall submit an independent fee calculation study to the Fire
Chief who shall review the study to determine that the study:
Is based on accepted impact fee assessment practices and methodologies;
2. Uses acceptable data sources and the data used is comparable with the uses
and intensities planned for the proposed development activity;
3. Complies with the applicable state laws governing impact fees;
4. Is prepared and documented by professionals who are mutually agreeable to
the City and the developer and who are qualified in their respective fields; and
5. Shows the basis upon which the independent fee calculation was made.
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C. In reviewing the study, the Fire Chief may require the developer to submit
additional or different documentation. If an acceptable study is presented, the Fire Chief
may adjust the fee for the particular development activity. The Fire Chief shall consider
the documentation submitted by the applicant, but is not required to accept such
documentation that the Chief reasonably deems to be inaccurate or unreliable.
D. A developer requesting an adjustment or independent fee calculation may pay the
impact fees imposed by this ordinance in order to obtain a building permit while the City
determines whether to partially reimburse the developer by making an adjustment or by
accepting the independent fee calculation.
16.26.090 Credits. In computing the fee applicable to a given development, credit
shall be given for the fair market value measured at the time of dedication, for any
dedication of land for improvements to, or new construction of, any fire protection
facilities that are identified in the Capital Facilities Element and that are required by the
City as a condition of approving the development activity.
16.26.100 Appeals.
A. Any fee payer may pay the impact fees imposed by this ordinance under protest
in order to obtain a building permit.
B. Appeals regarding fire impact fees imposed on any development activity may only
be submitted by the fee payer of the property where such development activity will occur.
No appeal shall be permitted unless and until the impact fee at issue has been paid.
C. Determinations by the City staff with respect to the applicability of fire impact
fees to a given development activity, or the availability of a credit, can be appealed to the
City's Hearing Examiner pursuant to this section.
D. An appeal shall be filed within 10 working days of payment of the impact fees
under protest or within 10 working days of the City's issuance of a written determination of
a credit or exemption decision by filing with the City Clerk a notice of appeal giving the
reasons for the appeal and paying the accompanying appeal fee as set forth in the
existing fee schedule for land use decisions.
16.26.110 Refunds.
A. If the City fails to expend or encumber the impact fees within 10 years from the
date the fees were paid, unless extraordinary, compelling reasons exist for fees to be
held longer than 10 years, the current owner of the property on which the impact fees
were paid may receive a refund of such fees. Such extraordinary or compelling reasons
shall be identified in written findings by the City Council.
B. The City shall notify potential claimants by first class mail that they are entitled
to a refund. In determining whether impact fees have been expended or encumbered,
impact fees shall be considered expended or encumbered on a first -in, first -out basis.
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C. Owners seeking a refund must submit a written request for a refund of the fees
to the City within one year of the date the right to claim a refund arises or notice is
given, whichever comes later.
D. Any impact fees for which no application has been made within the one -year
period shall be retained by the City and expended on appropriate fire facilities.
E. Refunds of impact fees shall include any interest earned on the impact fees by
the City.
16.26.120 Exemptions. The fire impact fees are generated from the formula for
calculating the fees as set forth in this ordinance. The amount of the impact fees is
determined by the information contained in the adopted fire department master plan and
related documents, as appended to the City's Comprehensive Plan. All development
activity located within the City shall be charged a fire impact fee; provided, that the
following exemptions shall apply. Any development activity or project which has
submitted a technically complete building permit application prior to the effective date of
this ordinance shall be exempt from the payment of fire impact fees. The following shall
be exempt from fire impact fees:
1. Replacement of a structure with a new structure having the same use, at
the same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
3. Construction of an accessory residential structure.
4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools, and signs that do not create an increase in demand for fire services.
5. Demolition of or moving an existing structure within the City from one site
to another.
6. Low income housing developed by individuals, nonprofit corporations, or a
housing authority may be exempted from impact fees at the discretion of City staff
subject to:
a. Submittal of a fiscal impact analysis of the effect of impact fees upon
low- income housing and how exempting such housing from impact fees would forward
the goals for low- income housing in the City and King County;
b. Submittal of adequate documentation showing that housing will remain
available for low- income persons for a 10 -year period of time at affordable rents; and
c. In the case of owner occupied dwellings, submittal of adequate
documentation showing that such housing will be sold or leased at affordable rates to
low- income households for a period of 10 years.
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d. The impact fee for exempt development under this subsection shall be
calculated as provided by this ordinance and paid with public funds. Such payments
may be made by including such amounts in the public share of the system
improvements undertaken within the City for fire protection services and facilities.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a fire impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements
under this ordinance.
9. A fee payer installing a residential fire sprinkler system in a single family
home shall not be required to pay the fire operations portion of the impact fee. The
exempted fire operations impact fee shall not include the proportionate share related to
the delivery of emergency medical services.
16.26.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City
from requiring the fee payer to mitigate adverse environmental effects of a specific
development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW
and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the
exercise of this authority is consistent with Chapters 43.21 C and 82.02 RCW.
Section 2. Repealer. Ordinance No. 2219, as codified in TMC Chapter 16.26,
"Fire Impact Fees," is hereby repealed.
Section 3. 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 4. 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 5. 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.
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PASSED BY THE CITY COUNCIL_ OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this C,`T H day of b(\GtrCl. 2012.
ATTEST /A THENTICATED:
Christy O'Flah®fty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
2�1 aggert yor
Filed with the City Clerk: -a-1
Passed by the City Council:3
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A Tukwila Fire Impact Fees, 2008
Exhibit B Fire Department Capital Facilities List
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EXHIBIT A
Tukwila Fire Impact Fees, 2008
(90% impact fees; 10% city contribution)
TABLE 1. Tukwila Fire Impact Fee Calculation, 2008 (90% 10% split)
TABLE 3. 2007 Incident Responses by Property Type Allocation to Impact Fee Categories
Net Growth, 2008 -2020 1
Impact Fee
IMPACT FEE CATEGORIES
Fire Dept. Land
2007 2007
Housing
Building
Employme
Per
Per 1,000
Use Categories
Fire
Land Use
Housing Employme
family
family
Office
Residential
Per GFA
TOTAL
Public Assembly I
12
42
I 54
I I
Units 3
Area 4
nt 5
Sq. Ft. GFA
18
30
48
Units -1 nt -2
48
Unit
Health Care* 1
27
1 90
1 117
1 I
Single family
1 3,822 1 1
516
I I
I
$922
1
I
I 619
I 619 I
Multi- family
1 4,107 I
2,384
I I
1
$1,200
1
1
794
Office
I 6,245
370,500 1
1,482 1
1 2
I $1.62
$1,624
2
I
I
Retail
1 1 20,384 I
Hotels I
1 2,418,000
4,836 I
I 305
1 $0.58
I $580
I
1 305
I 1
Industrial
1 I 20,343 1
441
3,860,800 I
4,826
I I
I $0.13
$127
I 680
I 1
TOTALS
I I 46,972 I
2
1 6,649,3001
11,144 I
I
I
1 14 1
Manufacturing 1
I. OFM numbers
47
1 104
I 1
1
1
1 104 1
Storage 1
81 1
2. PSRC 2007 Covered Employment Estimates
I 244
1 I
I
I
1 244 1
SUBTOTAL 1
1,133 1
3. 43 SF du/yr; rest
is MF from 2007 Buildable Lands Report
I 619
866
I 445
I 1,039
1 362 1
3,332
PERCENT OF
4. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial:
800gsf per
emp; X emp growth
S. 90 of Buildable Lands Report estimates, at same as
2007 employment
19%
26%
13%
31%
11%
100%
TABLE 2. Tukwila Fire Service Demand
Calculation, 2008
Special Property 1
275 1
Revised
1,130
Increase in Annual Incident
2007 Responses
1
I 1
2007 Responses
Unclassified
Responses due to Growth
63
211
Proportion
SUBTOTAL 1
423 1
918 1
Capital Costs
I I
Based
al
1 1
Incident
Incident
Allocated by
Incident
Incident
Special Property
Responses
Responses
Incident
249
349
Land Use
Responses
on Net
Reallocatio
Responses
per 1,000
per 1,000
Responses
Incident
Total
n of
Responses due
"Other"
Units
Employees
to Growth
Single family
1 619 1 13% 1
19%
1 249 1
868 1
19%
1 227
1 1
117 1
8% 1
$475,668
Multi- family
1 866 1 19%
26%
1 349 1
1,215
26%
I 296
1 1
705 1
49% I
$2,861,894
Office
1 445 1 10% I
13%
1 179 1
625 1
13%
I
1 100.0 1
148 1
10% 1
$601,536
Retail
1 1,039 1 22% I
31%
1 418 1
1,458 1
31%
1
1 71.5 1
346 1
24% 1
$1,403,649
Industrial
1 362 1 8% I
11%
1 146 1
508 1
11%
1
1 25.0 1
120 1
8% 1
$488,804
NET TOTAL
1 3,332 1 71% I
I I I
100%
1 1,341 1
I I
4,673 1
I
100%
1
I
1 I
I I
1,437 1
I
100% 1
I
$5,831,550
Other
I 1,341 1 29%
TOTAL
1 4,673 1 100% 1
100%
1 1,341 1
4,673 1
100%
1
1 1
I
100% 1
$5,831,550
Note: The $5,831,550
capital cost is 90% of $6,479,500
(the growth related fire capital
cost).
TABLE 3. 2007 Incident Responses by Property Type Allocation to Impact Fee Categories
TOTAL
INCIDENT
RESPONSES BY
IMPACT FEE
CATEGORY
split 60% Multi- family, 40% Office (Redmond)
split 34% Office, 66% Retail (2007 Tukwila)
868 1,215 625 1,458 508 4,673
IMPACT FEE CATEGORIES
Fire Dept. Land
Single-
Multi-
Use Categories
Fire
Aid
Total
family
family
Office
Retail
Industrial
TOTAL
Public Assembly I
12
42
I 54
I I
I
I 54
Educational
18
30
48
48
Health Care* 1
27
1 90
1 117
1 I
70
1 47
I
I 1
Single- family I
159
1 460
I 619
I 619 I
I
1
1 1
Apartments
224
570
794
794
Boarding House I
0
1 2
1 2
I I
2
I
I
I I
Hotels I
102
I 203
I 305
1
I
1 305
I 1
Business 1
441
1 590
1 1,031
I I
1 351
I 680
I 1
Industrial 1
12 1
2
1 14
I I
1
1 14 1
Manufacturing 1
57 1
47
1 104
I 1
1
1
1 104 1
Storage 1
81 1
163
I 244
1 I
I
I
1 244 1
SUBTOTAL 1
1,133 1
2,199
1 3,332
I 619
866
I 445
I 1,039
1 362 1
3,332
PERCENT OF
19%
26%
13%
31%
11%
100%
SUBTOTAL
Special Property 1
275 1
855 1
1,130
1 1
1
1
I 1
Unclassified
148
63
211
SUBTOTAL 1
423 1
918 1
1,341
I I
1
1
1 1
Reallocation of
Special Property
249
349
179
418
146
1,341
Unclassified
TOTAL
INCIDENT
RESPONSES BY
IMPACT FEE
CATEGORY
split 60% Multi- family, 40% Office (Redmond)
split 34% Office, 66% Retail (2007 Tukwila)
868 1,215 625 1,458 508 4,673
FWN14
Fire Department Capital Facilities List
Capital Facility
Cost
1. Construct /build relocated Station 51 5,000 gsf
$2,000,000
addition due to new growth in TUC
2. Purchase aid car for Station 51 (new)
$185,000
3. Purchase engine for Station 54 to replace aerial
$750,000
ladder truck
4. Purchase land for relocated Station 52, if Station 51
$544,500
is relocated
5. Construct /build relocated Station 52, if Station 51 is
$3,000,000
relocated
TOTAL
$6,479,500
1) 5,000 gsf building addition x $400 /psf building construction cost
2) 1/2 acre site (21,780 sf) x $25 /psf land cost
3) 7,500 gsf building x $400 /psf building construction cost
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2365 -2366.
On March 5, 2012 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2365: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2219, AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.26; REENACTING TMC CHAPTER
16.26, "FIRE IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND
ADMINISTERING FIRE IMPACT FEES TO BETTER ADDRESS THE NATURE OF
DEVELOPMENT ACTIVITY IN TUKWILA; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2366: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2220, AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.28; REENACTING TMC CHAPTER
16.28, "PARKS IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND
ADMINISTERING PARKS IMPACT FEES TO BETTER ADDRESS THE NATURE OF
DEVELOPMENT ACTIVITY IN TUKWILA; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 8, 2012