HomeMy WebLinkAboutCOW 2023-04-10 COMPLETE AGENDA PACKETTukwila City Council Agenda
❖ COMMITTEE OF THE WHOLE •❖
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Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn
David Cline, City Administrator + Kate Kruller + Thomas McLeod
Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp
THE MEETING WILL
ON-SITE
THE
Monday, April 10,
BE CONDUCTED
PRESENCE WILL
PHONE NUMBER
For Technical
2023; 7:00
BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS:
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PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Satish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS—
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. SPECIAL ISSUES
a. An ordinance amending Ordinance No. 1995 §1 (part), as
codified in Tukwila Municipal Code (TMC) Section 11.04.040,
"Definitions"; Repealing Ordinance No. 1995 §1 (part), as
codified in TMC Chapter 11.28; Reenacting TMC Chapter 11.28,
"Undergrounding of Utilities," to update definitions and adopt
new regulations related to undergrounding of utilities.
b. An ordinance granting Highline Water District a non-exclusive
franchise to construct, maintain, operate, replace and repair a
water system within public rights-of-way of the City of Tukwila,
and fixing a time when the same shall become effective.
c. Puget Sound Regional Fire Authority (PSRFA) Annexation.
(1) A resolution approving the annexation of the City into the
Puget Sound Regional Fire Authority and approving the
amendments to the 2023 Puget Sound Regional Fire
Authority Plan.
(2) A resolution calling for King County Elections to place a
proposition on the primary election ballot on August 1, 2023,
concerning annexation of the City of Tukwila into the Puget
Sound Regional Fire Authority to maintain current fire and
EMS service levels.
(continued...)
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COMMITTEE OF THE WHOLE MEETING
April 10, 2023
Page 2
5. REPORTS
a. Mayor
b. City Council
c. Staff
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Remote Tukwila Council meetings
are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if
attending virtually and state your name dearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
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. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. The proponent shall speak first and is allowed 15 minutes to make a presentation.
3. The opponent is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After the proponents and opponents have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
04/10/23
JR
Amendment Request
04/10/23
04/17/23
JR
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 04/17/23
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PLV Court
SPONSOR'S To maximize opportunities for undergrounding telecommunication utilities, so
SUMMARY neighborhoods and street corridors are more aesthetically pleasing, a revision to the TMC
code will be required. TMC 11.28 — Utility Undergrounding has not been revised since 2002
and is outdated. These updates to TMC 11.04 & 11.28 will provide clarification and outline
when a company may request for an exemption to the ordinance. Council is being asked to
approve an ordinance that revises TMC codes 11.04 and 11.28.
REVIEWED BY
ITEM INFORMATION
ITEMNO.
4.A.
1
STAFF SPONSOR: JOSH HARTLEY
ORIGINAL AGENDA DATE: 04/17/23
AGENDA ITEM TITLE
Tukwila Municipal Code (TMC)
11.04 & 11.28
Amendment Request
04/10/23
❑ Motion
M Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 04/17/23
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PLV Court
SPONSOR'S To maximize opportunities for undergrounding telecommunication utilities, so
SUMMARY neighborhoods and street corridors are more aesthetically pleasing, a revision to the TMC
code will be required. TMC 11.28 — Utility Undergrounding has not been revised since 2002
and is outdated. These updates to TMC 11.04 & 11.28 will provide clarification and outline
when a company may request for an exemption to the ordinance. Council is being asked to
approve an ordinance that revises TMC codes 11.04 and 11.28.
REVIEWED BY
/1 Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 04/03/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to the Committee of the Whole and Regular Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
04/10/23
04/17/23
MTG. DATE
ATTACHMENTS
04/10/23
Informational Memorandum dated 03/31/23
TMC 11.04 & 11.28 Revised Code Ordinance
TMC 11.04 & 11.28 Revised Code Amendment PowerPoint Presentation
Minutes from T&I Committee meeting of 04/03/23 (distributed separately)
04/17/23
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City of Tukwila
Allan Ekberg, Mayor
Public Works Deportment - Harr' Pon ekonti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation & Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Josh Hartley, Public Works Deputy Director Transportation
CC: Mayor Ekberg
DATE: March 31, 2023
SUBJECT: Tukwila Municipal Code (TMC) 11.04 & 11.28 Amendment Request
ISSUE
Revisions are being requested to sections 11.04.040 — Definitions and 11.28 — Utility
Undergrounding to provide updates and clarity to the existing code language.
BACKGROUND/DISCUSSION
The City's goal for telecommunication providers is to underground most infrastructure, where
feasible, to make the City's neighborhoods and street corridors more aesthetically pleasing.
Over the last few decades, the existing TMC codes have been misinterpreted by both external
and internal agencies resulting in fewer opportunities to underground telecommunication
utilities. Only a handful of corridors have been undergrounded thus far (i.e., 42nd Ave., portions
of TIB, etc.). To maximize opportunities for undergrounding telecommunication utilities, a
revision to the TMC code will be required.
TMC 11.28 — Utility Undergrounding has not been revised since 2002, with most of the
language dating back to 1995. To provide clarification and critical updates to the code, Public
Works is hereby requesting that the attached ordinance be approved as it outlines specific
requirements, particularly as it relates to overlashing and upgrade services, that specify
undergrounding requirements in more detail. As part of the revised language,
telecommunication providers can no longer request waivers to undergrounding based on
financial impacts alone. A new deviations section has been added that outlines when a
company may request for an exemption to the ordinance.
Language has been added that explicitly exempts the City from the undergrounding requirement
due to the majority of city -owned utilities are already constructed underground. With that said,
Public Works is committed to working with telecommunication providers to underground their
service lines when feasible. To help with this, new franchise agreements will utilize project
descriptions that specify project scopes and when undergrounding will be triggered. More
information on this can be found in the attached PowerPoint presentation and will be discussed
in further detail at the formal meeting.
FINANCIAL IMPACT
There are no immediate financial impacts approving the revised codes requested above.
RECOMMENDATION
The council is being asked to approve an ordinance that revises TMC codes 11.04.040 and 11.28
and consider this item at the April 10, 2023 Committee of the Whole Meeting, and subsequent
Consent Agenda at the April 17, 2023 Regular Council Meeting.
ATTACHMENTS: TMC 11.04 & 11.28 Revised Code Ordinance
TMC 11.04 & 11.28 Revised Code Amendment PowerPoint Presentation
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4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995
§1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE
(TMC) SECTION 11.04.040, "DEFINITIONS"; REPEALING
ORDINANCE NO. 1995 §1 (PART), AS CODIFIED IN TMC
CHAPTER 11.28; REENACTING TMC CHAPTER 11.28,
"UNDERGROUNDING OF UTILITIES," TO UPDATE
DEFINITIONS AND ADOPT NEW REGULATIONS RELATED
TO UNDERGROUNDING OF UTILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City is engaged in an ongoing effort to streamline code processes
and improve permitting procedures; and
WHEREAS, the City desires to provide clarification on regulations related to
undergrounding utilities; and
WHEREAS, the proposed revisions to Tukwila Municipal Code (TMC) Chapter 11.28
will align the TMC with current engineering industry standards and practices; and
WHEREAS, the City Council finds that the adoption of this ordinance for updating
regulations related to undergrounding of utilities prevents harm to the health or safety of
the public, and promotes the public health, safety and general welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoptions of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.04.040,
"Definitions," is hereby amended to read as follows:
11.04.040 Definitions
As used in this title, unless the context or subject matter clearly requires otherwise,
the words or phrases defined in this chapter shall have the indicated meanings.
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1. "Abutting Property" means all property having a frontage upon the sides or
margins of any public right-of-way.
2. "Affiliate" means a person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with, another person.
3. "Applicant" shall mean any owner or developer, or duly authorized agent of
such owner or developer, who has submitted an application for a permit under this title.
4. "Assessment Reimbursement Area" means all real properties that will benefit
from the street and/or utility system improvements.
5. "Banner" means a sign consisting of fabric and containing a public service
message or event announcement which is hung above or across a public right-of-way.
6. "Business Registration" means a requirement of all telecommunications and
cable providers who are not otherwise required to license or franchise with the City.
7. "Cable Act" means the Federal Cable Communications Policy Act of 1984, as
amended by the Federal Cable Television Consumer Protection and Competition Act of
1992, as amended by portions of the Federal Telecommunications Act of 1996, and
hereafter amended.
8. "Cable Facilities"— see "Facilities."
9. "Cable Operator" shall have the same meaning as defined in the Cable Acts.
10. "Cable Service" shall have the same meaning as defined in the Cable Acts.
11. "Campus" means a development site under a single public or private
ownership, upon which a structure or structures exist. By way of illustration and not
limitation, a campus includes a public or private school, a multifamily development, a
retirement housing facility, a nursing home facility, a continuing care retirement
community, a boarding home, a hospital, a recreational facility, a business park, and a
shopping center.
12. "City" means the City of Tukwila, Washington, in King County, and all the
territory within the corporate boundaries of Tukwila, as these may change from time to
time.
13. "City Council" means the City of Tukwila Council acting in its official capacity.
14. "City inspector" means the Director's designated employee(s) responsible for
restoration of public rights of way disturbed by work.
15. "Cost of Construction" means those costs incurred for design, acquisition for
Chapter 35.91 is amended to expressly authorize inclusion of interest charges or other
financing—casts, such expenses shall not be included in the calculation of construction
cost of improvement, the Public Works Director's determination shall be final.
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16. "Criminal Citation" means a written document initiating a criminal proceeding
issued by an authorized peace officer.
17. 14. "Curb" means a cement, concrete or asphaltic concrete raised
structure designed to delineate the edge of the street and to separate the vehicular area of
the public right-of-way from the area provided for pedestrians.
1-815. "Department" means the City of Tukwila Public Works Department.
1-916. "Deposit" shall mean any bond, cash deposit, or other security provided
by the applicant in accordance with TMC Section 11.08.110.
2017. "Developer" means the owner and/or building permit applicant who is
required — by any ordinance of the City, as the result of the review under State
Environmental Policy Act, or in connection with any decision of the City Council — to
construct street system and/or utility system improvements which abut the development
site.
2-1-18. "Development" means a private improvement to real property requiring
electrical and/or communication services including, but not limited to, such services being
distributed to subdivisions, short plats, planned unit developments, or single-family or
commercial building sites.
2219. "Development Site" means the lot or lots upon which real property
improvements are proposed to be constructed.
23. `Development Standards" are those standards set forth in Chapter 11.08.130
of the Tukwila Municipal Code and the Department's Infrastructure Design and
Construction Standards.
24. "Directive Memorandum" m ans a Icttcr from the City to a right of way use
permittee, notifying the recipient of specific nonconforming or unsafe conditions and
specifying the date by which corrective action must be taken.
2520. "Director" means the Director of the Public Works Department or his or
her designee.
2621. "Electrical or Communication Systems" means facilities carrying electrical
energy, including but not limited to, electric power, telephone, telegraph,
telecommunication, fiber optics, and cable television services.
2722. "Emergency" shall mean any unforeseen circumstances or occurrence,
the existence of which constitutes an immediate danger to persons or property, or which
causes interruption of utility or public services.
2823. "Excavation" shall mean any work in the surface or subsurface of the
public right-of-way, including, but not limited to, opening the public right-of-way for
installing, servicing, repairing, or modifying any facility or facilities in or under the surface or
subsurface of the public right-of-way.
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2924. "Excess Capacity" means the volume or capacity in any existing or future
duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will
be available for use for additional telecommunications or cable facilities.
3025. "Facilities" or "Facility" means the plant, equipment, structures and/or
property, including, but not limited to, overhead and underground water, gas, electric, and
telecommunication facilities and appurtenance such as cables, wires, conduits,
transformers, substation, pad -mounted J -boxes, switch cabinets, ducts, pedestals
antennas, electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
within the City used to transmit, receive, distribute, provide or offer telecommunications or
cable service.
3426. "FCC" or "Federal Communications Commission" means the Federal
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services and cable operators on a national level.
3227. "Franchise" is an agreement required with any telecommunications
carrier or cable operator a right-of-way user who desires to construct, install, operate,
maintain or otherwise locate facilities in rights-of-way_, and to also provide
33. "Franchised Utilities" m ans utilities that have City Council approval to use
City rights of way for the purpose of providing their services within the City.
3/128. "Frontage" means that portion of the development site abutting public
right-of-way; provided, however, in the case of developments sites which are not
substantially rectangular, such as "pipe -stem" lots, the frontage shall be equal to the
greatest linear distance of the lot which is parallel to the public right-of-way. In the case of
corner lots, "frontage" means any portion of the development site abutting any public right-
of-way.
3529. "Fronting" means abutting a public right-of-way or public rights-of-way.
3630. "Grantee" means the holder of a franchise or a right-of-way
liccnscpermit.
3731. "Hazardous Waste" includes any and all such materials as defined by
RCW /13.200.01570A.384.005 (radioactive wastes) and RCW 70.105.01070A.300.010(5),
(6) and (15) (other hazardous wastes), now or as hereafter amended.
3832. "Installer" means the person or organizations who actually and physically
hangs the banner over the public right-of-way and who has the required skill and
equipment to properly and safely hang the banner. The Director will maintain a list of
approved installers having the required skill and equipment to properly and safely hang
banners.
39. "License" is an agreement with any telecommunications carrier who desires
rights of way and to also provide telecommunications services exclusively to persons and
ar as outside the City.
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4033. "Maintain or Maintenance" means mowing, trimming, pruning (but not
including topping or tree removal), edging, root control, cultivation, reseeding, fertilization,
spraying, control of pests, insects and rodents by nontoxic methods whenever possible,
watering, weed removal, and other actions necessary to assure normal plant growth.
41. "Minor Addition, Replacement, or Relocation" includes the installation of
a distance of not more than 50 feet, replacing secondary wire with primary wire to serve
not more than two new customers, hardware replacement on existing poles, and the like.
42. "Municipal Excavator" shall mean any agency, board, commission,
in the public right of way.
'1334. "New Electrical or Communication Service" means installation of service
lines to a building where none existed before, and shall not include overlashing,
restorations and repairs.
4435. "Nonconforming Paved Street Surface" means asphaltic concrete or
cement concrete street surface that does not conform to the current "City of Tukwila
Infrastructure Design and Construction Standards," but that the Director finds to be
adequate for projected vehicular traffic.
45. "Nonprofit" means not for monetary gain.
- -
accordance with TMC Chapter 8.45.
4-36. "Occupant" means a person who is occupying, controlling or possessing
real property, or his or her agent or representative.
48. "Off Site Street System and/or Utility System Improvements" means such
improvements as are defined in TMC 11.12.030.
49. "On Site Street System Improvcmcnts" m ns street system improvements
development site and extending to the centerline of the public right of way.
5037. "Open Video System" means those systems defined and regulated as
Open Video Systems by the FCC, pursuant to Section 653 of the Federal Communications
Act of 1934, as amended, 47 U.S.C. 573.
51. "Oral Directive" means a directive given orally by City personnel to correct or
discontinue a specific condition.
52. "Ordinance" means the City of Tukwila Telecommunication Ordinance, TMC
Chapter 11.32.
5338. "Overhead Facilities" means telecommunications and/or cable facilities
located above the surface of the ground, including the underground supports and
foundations for such facilities.
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5/139. "Owner" shall mean any developer or person, including the City, who
owns any facility or facilities that are., or are proposed to be, installed or maintained in the
public right-of-way.
5540. "Paved Street Surface" means street surface that is either standard
street surface or nonconforming paved street surface.
5641. "Permit" means a document issued by the City granting permission to
engage in an activity that involves the use of the public right-of-way.
57. "Permit Center" means the central location for applying for permits.
5842. "Permittee" shall mean the applicant to whom a permit to use the public
right-of-way has been granted and thereby has agreed to fulfill the requirements of TMC
Title 11.
5943. "Person" shall mean any person, corporation, partnership, municipal
. , _ e e _ _ . - •• - - . _ . - .means, and includes: corporations, companies,
associations, joint stock companies or associations, firms, partnerships, limited liability
companies and individuals, and includes their lessors, trustees and receivers, but excludes
the City.
44. "Personal Wireless Services" means commercial mobile services, unlicensed
wireless services and common carrier wireless exchange access services as defined by
Federal laws and regulations.
6045. "Private Use" means use of the public right-of-way — other than as a
thoroughfare for ordinary transit of vehicles, pedestrians, or equestrians — for the benefit of
a particular person or entity.
6146. "Procedure" means a procedure adopted by the Director to implement
this title, or to carry out other responsibilities as may be required by this title or by other
codes, ordinances, or resolutions of the City or other agencies as they may apply.
6247. "Real Property Improvements" means:
a. Construction of a structure on an unimproved lot;
b. Additions, alterations, or repairs to an existing structure other than one
single-family residence, where square footage is added to the structure, or the
construction of accessory buildings; or
c. Construction of an additional structure or structures on a campus.
63. "Rebuilds" means a placement of overhead facilities for a distance of three or
more spans (four poles) or 500 feet exclusive of replacements due to casualty damage.
6/1118. "Recently Improved Street" shall mean any street that has been
reconstructed or resurfaced by the Department or any other owner or person in the
preceding three-year period.
6549. "Reimbursement Agreement" means contracts authorized by RCW
Chapter 35.91, as presently constituted or as may be subsequently amended, for utility
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system improvements, and may be referred to from time to time in this title as "Latecomer
Agreements."
66. "Relocations" means removal of existing facilities with subsequent
widening projects.
causing the effective removal through damaging, poisoning, or other direct or indirect
actions -resulting in the death of vegetation.
6850. "Replacement Vegetation" means vegetation of equal species, size,
quality and number to that which has been removed.
6051. "Restoration" means all work including, but not limited to, backfilling,
compacting, replacing street pavement, replacing sidewalks, or other public right-of-way to
like -new condition in the manner prescribed by the Department's Design and Infrastructure
Design and Construction Manual. (See TMC Section 11.08.2270 for more details.)
7-052. "Right -of -Way" means all public streets, alleys and property granted,
reserved for, or dedicated to public use for streets and alleys, together with all public
property granted, reserved for, or dedicated to, public use including, but not limited to,
walkways, sidewalks, trails, shoulders, drainage facilities, bike ways and horse trails,
whether improved or unimproved, including the air rights, subsurface rights, and
easements related thereto, but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways not opened and not
improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or Forest Board trust lands;
5. Lands owned or managed by the Washington State Parks and
Recreation Commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. 912
and related provisions of federal law that are not open for motor vehicle use.
53. "Right -of -Way User" means any person with any facility in the right-of-way,
including but not limited to, persons who have been granted City approval via franchise or
other agreement to be in the right-of-way.
7254. "Service Connection" means a connection made to a
telecommunications facility and/or cable facility for the purpose of providing
telecommunications or cable services.
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7355. "Service Connections" are facilities extending from a distribution system
and terminating on private property and/or for the specific purpose of servicing one (1)
customer.
7456. "Sidewalk" means that property between the curb and the abutting
property, set aside and intended for the primary use of pedestrians, but may include mixed
uses such as pedestrians and bicyclists, improved by paving with cement concrete or
asphaltic concrete, including all driveways.
comprehensive plan.
7657. "Standard Street Surface" means street surface that is paved in
accordance with the "City of Tukwila Infrastructure Design and Construction Standards."
7758. "State" means the State of Washington.
7859. "Stop Work Notice" means a notice authorized by the Director or his/her
designee, posted at the site of an activity that requires all work to be stopped until the City
approves continuation of work.
7-960. "Street" means any street, road, boulevard, alley, lane, way or place, or
any portion thereof within the City limits.
as may be subsequently amended, for system improvements, and may be referred to from
8461. "Street System Improvements" include half street section of street
pavement (including appropriate sub paving preparation), surface water drainage facilities,
sidewalks where required, curbs, gutters, utility undergrounding, street lighting, right-of-
way landscaping (including street trees where required), and other similar improvements.
8262. "Street System Improvements" means such improvements as are
defined in TMC Section 11.12.030.
8363. "Street Trees" means any trees located on any street or public right -of -
way.
84. "Street Use Official" m ns the Director's designated employees responsible
restoration of public rights of way disturbed by work.
8564. "Surface Water Drainage Facilities" means ditches, piped and covered
surface water drainage, including catch basins, and such detention, retention, and
biofiltration as the Director shall require in accordance with sound engineering principles
and the adopted ordinances and policies of the City.
8665. "Surplus Space" means that portion of the usable space on a utility pole
which has the necessary clearance from other pole users, as required by the orders and
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Page 8 of 16
regulations of the Washington Utilities and Transportation Commission, to allow its use by
a telecommunications carrier for a pole attachment.
8766. "Telecommunications Carrier" for the purposes of this chapter includes
every person that directly or indirectly owns, controls, operates or manages plant,
equipment, structures, or property within the City, used or to be used for the purpose of
offering telecommunication service. Provided, however, this does not include lessees that
solely lease bandwidth (and do not own telecommunication facilities within the City of
Tukwila).
8867. "Telecommunication Facilities"— see "Facilities."
8968. "Telecommunication Service" means the providing or offering for rent,
sale or lease, or in exchange for other value received, the transmittal of voice, data, image,
graphic or video programming information or service(s) between or among points by wire,
cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without
benefit of any closed transmission medium.
9069. "TMC" means the Tukwila Municipal Code adopted by the City Council.
9470. "Topping" means the severe cutting of the top of a street tree resulting in
stubs beyond the branch collar in the crown or severe cutting which removes a substantial
portion of the normal canopy, disfigures the street tree, and reduces the height.
9271. "Underground Facilities" means - - _ •• • _ •. _ _ _ _ : - facilities
located under the surface of the ground, alone or in combination, direct buried or in utility
tunnels or conduits, excluding the underground foundations or supports for overhead
facilities.
9372. "Unpaved Street Surface" means street surface that is neither standard
nor nonconforming paved street surface.
9473. "Unsafe Condition" means any condition that the Director reasonably
determines is a hazard to health, endangers the safe use of the right-of-way by the public,
or does or may impair or impede the operation or functioning of any portion of the right-of-
way, or may cause damage thereto.
95. "Utility Excavator" shall mean any owncr whose facility or facilitics in the
other services to customers regardless of whether such owner is deemed a public utility.
9674. "Utility System Improvements" means water and/or sewer facilities as
specified in RCW 35.91.020 as it now reads, or as hereafter amended.
9775. "Vegetation" means all trees, plants, shrubs, groundcover, grass, and
other vegetation.
9876. "Wire" means a guided transmission medium, consisting of either one
strand or a group of stands insulated together, which are used to power and/or send
multiple transmission signals.
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Page 9 of 16
13
77. "Washington Utilities and Transportation Commission" or "WUTC" means the
State administrative agency, or lawful successor, authorized under Title 80 of the Revised
Code of Washington to regulate and oversee telecommunications carriers, services and
telecommunications providers in the State of Washington to the extent prescribed by law.
Section 3. Repealer. Ordinance No. 1995 §1 (part), as codified at TMC Chapter
11.28, "Undergrounding of Utilities," is hereby repealed.
Section 4. TMC Chapter 11.28 Reenacted. TMC Chapter 11.28 is hereby
reenacted to read as follows:
CHAPTER 11.28
UNDERGROUNDING OF UTILITIES
Sections:
11.28.010 Policy
11.28.020 Purpose
11.28.030 Undergrounding — Scope
11.28.040 Facilities ExceptedExempted
11.28.050 CestUndergrounding Requirements
11.28.060 Permits and FeesDeviations
11.28.070 Undergrounding RequircmcntsOverlashing
11.28.080 Service Connection RcquirementsUpgraded Service
11.28.090 Street I ightingConnections and Disconnections of Affected Service
11.28.100 Connections and Disconnections of Affected ScrviceService
Connection Requirements
11.28.110 Site Screening
11.28.120 As built Drawings
11.28.130 Joint Trenches
11.28.140 Request for Waiver
Section 5. TMC Section 11.28.010 is hereby reenacted to read as follows:
11.28.010 Policy
It is the policy of the City to require the underground installation of all new electrical
and communication facilities, with certain exceptions noted in this chapter. The City
Council finds that the convenience, health, safety, and general welfare of the residents of
the community require that all new facilities specified in this chapter be installed
underground.
Section 6. TMC Section 11.28.020 is hereby reenacted to read as follows:
11.28.020 Purpose
The purpose of TMC Chapter 11.28 this chapter is to establish minimum
requirements and procedures for the underground installation and relocation of electric
and communication facilities within the City.
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Page 10 of 16
Section 7. TMC Section 11.28.030 is hereby reenacted to read as follows:
11.28.030 Undergroundinq — Scope
This chapter shall apply to anyone any person or entity, other than the City, who
owns electrical or communication facilities, and to all new electrical and communication
systems, including but not limited to electric power, telephone, telecommunication, and
cable television facilities within the corporate City limits.
Section 8. TMC Section 11.28.040 is hereby reenacted to read as follows:
11.28.040 Facilities ExceptedExempted
A, The following facilities are excepted exempted from the undergrounding
requirements of this chapter:
1. Electric utility substations, pad -mounted transformers, and switching facilities
not located on the public right-of-way where site screening is or will be provided in
accordance with TMC 11.28.110 Chapter 18.54.
2. Electric transmission systems of a voltage of 115 kV or more (including
poles and wires) and equivalent communication facilities.
3. Ornamental street lighting standards, as defined by the Public Works
Director.
4. Telephone pedestals, cross connect terminals, repeaters, cable warning
signs, and other equivalent communication facilities.
5. Municipal Government equipment, including but not limited to: traffic control
equipment and police and fire sirens.
6. Temporary services for construction.
7. Replacement of existing overhead facilities due to damage by natural or
man-made causes.
8. Secondary wiring for street Iighting.Overlashing onto existing facilities
installed, subject to the limitations and restrictions set forth in TMC Section 11.28.070.
9. Cable television cables to the extent that such cables are to be hung on
distribution facilities are primarily overhead. Secondary wiring for street lighting.
10. Upgrade or replacement service of existing facilities pursuant to TMC
Section 11.28.080.
11. Other facilities as determined by the Director.
. ■
determinative and final.
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15
Section 9. TMC Section 11.08.050 is hereby reenacted to read as follows:
11.28.07011.28.050 Undergrounding Requirements
A. New Facilities:
1. New electrical or communication service to a building where no service
previously existed shall be constructed underground. Does not include restorations
and/or repairs.
2. All major additions of new facilities (three or more spans and/or 500 feet or
more) shall be underground.
3. Minor additions of new facilities may be constructed aerially where existing
B. Rebuilds, Replacements and Additions:
1. A relocation necessitated by a public works project, including, but not
or replacement of existing aerial facilities (three or more spans and/or 500 feet or more)
undergrounding shall not be required in those cases where the Director finds that
undergrounding will not be in the best interest of the public.
2. A minor rebuild, replacement or relocation of existing aerial facilities that
3. When there is casualty damage to an overhead service system or other
major service outage, the facilities may be--re.tored aerially.
4. Installation of additional conductors to provide one three phase circuit is
5. Reconductoring for routine maintenance that does not constitute a major
No work permitted by this subsection shall result in an increase in the
is suitable as a termination for underground installation is not available within 300 feet of
Except for wireless communication facilities specifically permitted, pursuant to
TMC Chapter 18.58, all new facilities shall be constructed, installed, and located in
accordance with the following terms and conditions, unless otherwise specified in a
franchise. Right-of-way users shall be responsible for all costs associated with
undergrounding its facilities except as otherwise provided herein or within Federal or
State law.
1. The right-of-way user shall install its new facilities underground, unless
otherwise approved by the City, pursuant to TMC Section 11.28.060.
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Page 12 of 16
2. The right-of-way user shall install its new facilities within an existing
underground duct or conduit whenever excess capacity exists within such facility and
the right-of-way user is able to access such underground duct or conduit for a
commercially reasonable fee; otherwise, the right-of-way user shall place its new
facilities within its own new underground duct or conduit. The right-of-way user is
encouraged to place conduit underground that can accommodate both the new facilities
and future facilities, including any existing above ground facilities that may be relocated
underground at a later date.
3. Whenever any new or existing electric utilities are being located
underground, or upon a City project within a public right-of-way, the right-of-way user,
with permission to occupy the same right-of-way, shall also relocate its facilities
underground or along an alternative public way, consistent with the requirements of
RCW 35.99.060 and TMC Section 11.08.300.
4. If requested, the right-of-way user shall provide the City with additional
ducts and conduits, at the right-of-way user's cost, and related structures necessary to
access the ducts and conduits; provided, that the terms and conditions under which
such additional ducts and/or conduits are provided shall be consistent with RCW
35.99.070.
5. These locational requirements shall apply even if the right-of-way user is
providing services to a wireless communication facility in the right-of-way, and such
wireless communication facility is allowed to remain above ground.
Section 10. TMC Section 11.28.060 is hereby reenacted to read as follows:
11.28.060 Permits and FeesDeviations
underground construction shall be obtained from the Department prior to construction of
B. An appropriate fee shall be charged for this permit, consistent with the
A. The right-of-way user may request that
the Director allow a deviation from the requirements in this section by establishing that
such compliance would be an undue hardship to the right-of-way user, a user of the
facilities, or any other affected person. The term "undue hardship" shall mean either:
1. The installation would be technologically unfeasible; or
2. The impact of the underground construction outweighs the general welfare
consideration in requiring underground construction; or
3. Delay of the installation of the underground facilities would better
coordinate the project with other private improvements which are in the permitting
process or public improvements shown on the Capital Improvement or Transportation
Improvement elements of the Comprehensive Plan; or
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17
4. Strict application of this chapter would materially inhibit or would have the
effect of materially inhibiting a right-of-way user's ability to provide telecommunication
services; or
5. For existing or new single-family residences only, the requirement to
underground new facilities constitutes a financial hardship.
B. The Director may also deviate from these requirements if a statute or tariff
prohibits the enforcement thereof or requires the City or rate payers to pay for such
underground ing.
C. Deviations shall be requested in writing by the applicant, which shall include
how the applicant meets the criteria of TMC Section 11.28.060.A or B. The Director
shall determine, in writing, if the undue hardship criteria are sufficiently established such
that the applicant is not required to underground the new facilities. The Director's
decision shall be final.
Section 11. TMC Section 11.28.070 is hereby reenacted to read as follows:
11.28.070 Overlashing
Existing right-of-way users may overlash to their existing wires, subject to all
applicable local, state, and federal regulations; and further provided that existing right-
of-way users may only overlash a total of two additional new wires per existing wire
owned by the right-of-way users on a given pole, not to exceed three wires in total for
any given right-of-way user. The overlashed wire(s) shall be limited to like -in-kind only,
meaning that it shall not exceed the same size, weight and diameter of the original wire
that is being overlashed to.
Section 12. TMC Section 11.28.080 is hereby reenacted to read as follows:
11.28.080 Upgraded Service
Existing wires may be replaced or upgraded for increased service capacity
provided that no additional wires are added (i.e., a new wire can be added but the
existing wires shall be removed). The new upgrade or replacement wires shall be
limited to like -in-kind only, meaning that it shall not exceed the size, weight, and
diameter of the original wire that the applicant proposes to remove.
Section 13. TMC Section 11.08.090 is hereby reenacted to read as follows:
11.28.10011.28.090 Connections and Disconnections of Affected Service
The owner of real property abutting an underground project shall be responsible, at
his or her expense, for converting to underground service and disconnecting his or her
aerial services within 30 days following notice in writing of availability of such underground
service. Time in consummating such connection and disconnection is of the essence, and
such notice to the property owner, customer or subscriber may be mailed, postage
prepaid, or delivered in person. In the event that such conversion and disconnection is not
accomplished within 30 days of receipt of notice, the City may order the work done and the
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Page 14 of 16
actual cost shall constitute a lien against the real property, subject to enforcement as
provided by law.
Section 14. TMC Section 11.28.100 is hereby reenacted to read as follows:
11.28.100 Service Connection Requirements
A. Single -Family Residential Areas. All electrical or communication service lines
from either existing overhead or underground facilities to the service connection of new
structures shall be installed underground.
B. Non -Single Family Residential Areas. All new electrical or communication
service lines from either existing overhead or underground facilities to the service
connection of new and existing structures shall be installed underground.
Section 15. Repealer. Per the repealer in Section 3 of this ordinance, the following
sections of the Tukwila Municipal Code are hereby eliminated:
11.28.110
11.28.120
11.28.130
11.28.140
Site Screening
As -built Drawings
Joint Trenches
Request for Waiver
11.28.110 Site Screening
Where a permit for the underground project is required by this chapter, plans for all
above ground facilities shall be submitted to the Department of Community Development
.. .
Works Department.
11.28.120 As -built Drawings
A drawing of a completed underground projcct in a form acceptable to the
Department and conforming to generally accepted engineering practices shall be
submitted in duplicate to the Public Works Department within 30 days of the completion of
any underground projcct within the City. No bond money, deposit or fee shall be released
to the developer until the Department receives the drawings.
11.28.130 Joint Trenches
Where several utilities are planned or required in the same corridor, every effort shall
11.28.140 Request for Waiver
A. All applications for waivers from the foregoing underground requirements shall
be first filed with the Director.
B. A waiver shall not be granted by the Director unlecc the Director finds that the
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Page 15 of 16
19
hardship to place the facilities concerned underground. For purposes of this chapter,
undue hardship is intended to mean:
1. A technological or environmental difficulty as,ociated with the particular
facility or with the particular real property involved that would render the installation
unfeasible; or
2. The cost of thc underground construction outweighs thc general welfare
consideration in requiring underground construction.
current underground construction would not be in the best interests and welfare of the
agreement for future installation. The Director's decision is determinative and final.
Section 16. Corrections by City Clerk or Code Reviser Authorized. 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 scrivener's
errors; references to other local, state or federal laws, codes, rules, or regulations; or
ordinance numbering and section/subsection numbering.
Section 17. 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 18. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
CC:\Legislative Development\Amend TMC 11.28 strike-thru 3-28-23
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20
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 16 of 16
City of Tukwila
TMC 11.04 & 11.28
Revised Code
Amendment
Josh Hartley, P.E.
April 3, 2023
1
S. 144th St (TIB — 42nd Ave. S)
Purpose of Amendments
CableN
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Natural gas
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r
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pavement
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2
• To externally and internally re -affirm and
clarify City's existing policy as it relates to
undergrounding.
• Discuss New Deviations Section
• Provide examples of typical permits
requested.
• City CIP projects that trigger or don't
trigger undergrounding.
• Jurisdiction Code Comparisons
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Old Code Requirements
Old code: underground all new facilities
• Per plain language of code, "new facilities" means communication and electric
facilities. City does not have "facilities" because it doesn't own communication
nor electric lines, thus old code never actually applied to require City to
underground any of its facilities.
• Only time undergrounding was required was placement of new facilities (i.e.
stringing a new electric or communication line between poles, or connecting a
building to service, where no service had previously existed).
• Only facilities that had to be undergrounded were the facilities that
were new, the existing facilities could remain above ground.
• Facility owner could seek waiver from requirement to underground if it
was too expensive
N
0.) 3 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
New Code Requirements
i 'scan
t■
NNW
New code: Underground all new facilities
• Definitions revised and/or added to TMC 11.04.
• Clarifies explicitly that code does not apply to City by excluding
chapter from applying to City.
• Clarifies that overlashing (wrapping a new overhead line around
w' an existing overhead line) is limited to two cables in like kind
•
only meaning not to exceed same size, weight, and diameter.
1
• Clarifies that deviations from code requirements are only
allowed if in undergrounding is technologically unfeasible (i.e.,
Small Wireless Facilities can't be undergrounded) or if the
installation coordinates with a CIP project, or if the impact to
undergrounding outweighs the benefit.
4 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Typical Service Request Examples
Installation of Comcast and SCL
service to a new housing
development:
Undergrounding of new lines
required. Existing lines in a block
would remain overhead, but new lines
received by the new development
would be required to be placed
underground.
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
46th Ave. S (144th — 146th )
6
Typical Service Request Examples
Repair or replacement of
SCL existing service line:
No undergrounding required.
This is general maintenance
and upkeep and not
considered a new service line.
E. Marginal Way near Museum of Flight
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Typical Service Request Examples (cont.)
N
7
Overlashing on existing lines:
Two extra cables are allowed and
must be like in-kind, meaning it
shall not exceed the same size,
weight, or diameter of existing
cable. If three or more cables are
being requested, undergrounding
will be required. This applies to
upgraded service lines also (i.e.
changing material to fiber from
electric line).
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Typical Service Request Examples (cont.)
8
Installation of a new
telecommunication
company's service lines in
the City:
Undergrounding of new lines
required. With new restrictions
on overlashing and upgraded
services for existing providers,
this requirement shall not limit
competition.
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Typical Service Request Examples (cont.)
N
9
S. 122nd St at 44th Ave S. Intersection
Installation of new cable service to a
single house:
Undergrounding of new service line
required if two or more overlashed lines
already exist on a given pole. However,
code allows for deviation to this
requirement if requested by property
owner.
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
City Capital Projects Undergrounding
Requirements
Both existing and amended TMC 11.28 codes do not require undergrounding
of existing telecommunication service lines. Only newly installed lines require
undergrounding.
For future CIP Projects the City constructs, the following project definitions
will determine undergrounding requirements:
• Major Project: A public project constructing and/or replacing two or more
City -owned utilities (i.e. sewer, water, stormwater) or fully reconstructing
the roadway cross-section. Undergrounding will be required.
• Minor Project: A public project constructing fewer that two City utilities
(i.e. sewer, water, stormwater) and/or partial roadway reconstruction,
sidewalk construction, etc. Undergrounding will NOT be required.
10 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
CIP Projects with Undergrounded Utilities
The City has four (4) projects to date
that have required telecommunication
companies to underground their
infrastructure:
Seattle -Tacoma
International
Airport
a
A
A
A
A
• 42nd Ave. S Phase 11 (Southcenter
Blvd. — S. 160th St.)
• 53rd Ave S. (S. 137th St. — S. 144th St.)
• S. 144th St. (TIB — 42nd Ave. S)
• TIB Phase! (S. 140th St. —S. 152nd St.)
City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
53rd Ave. S CIP Project (S. 137t" — S. 144tH)
BEFORE: August 2017
12 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
AFTER: August 2021
42nd Ave. S CIP Project (Southcenter— 160th
in
BEFORE: Oct. 2015
w
(A' 13 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
AFTER: September 2022
TIB Phase 1 CIP Project (S. 140t" St. —S. 152nd St.)
TIB near S. 130th St.
14 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
TIB near S. 144th St.
Comparisons
• Burien Municipal Code Chapter 12.40:... it is the policy of the city to require the underground installation of
all new electrical and communication facilities, with certain exceptions noted in this chapter.
• SeaTac Municipal Code Chapter 11.20: it is the policy of the city to require the underground installation of
all new electrical and communication facilities, subject to certain exceptions noted hereafter.'
• Issaquah Municipal Code 12.60: All new facilities must be placed underground.... For purposes of clarity,
new facilities include but are not limited to all new wireline facilities and over -lashing on existing facilities.
CA)
(" 15 City of Tukwila — Public Works 1 TMC 11.28 Revised Code Updates
Questions and/or Comments?
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
04/10/23
JR
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
04/17/23
JR
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg Date 4/17/23
SPONSOR Council ❑Mayor HR DCD ❑Finance ❑Fire ITS P&R ❑Police a PW ❑Court
SPONSOR'S The Highline Water District currently serves 620 residential and business accounts located
SUMMARY within the City of Tukwila.The City finds that the entire water system operated and
maintained by the HWD is reasonably stable and reliable. This agreement mitigates the
City's permit process for efficient and time -saving operations and maintenance activities,
thus saving both parties involved time and cost. Council is being asked to approve the
franchise agreement with the City of Tukwila and Highline Water District.
REVIEWED BY
/1 Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 04/03/23
ITEM INFORMATION
ITEM No.
4.B.
37
STAFF SPONSOR: SEONG KIM
ORIGINAL AGENDA DATE: 04/17/23
AGENDA II'EMTITLE Franchise Agreement with the City of Tukwila and Highline Water District
CATEGORY /1 Discussion
04/10/23
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
/1 Ordinance
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg Date 4/17/23
SPONSOR Council ❑Mayor HR DCD ❑Finance ❑Fire ITS P&R ❑Police a PW ❑Court
SPONSOR'S The Highline Water District currently serves 620 residential and business accounts located
SUMMARY within the City of Tukwila.The City finds that the entire water system operated and
maintained by the HWD is reasonably stable and reliable. This agreement mitigates the
City's permit process for efficient and time -saving operations and maintenance activities,
thus saving both parties involved time and cost. Council is being asked to approve the
franchise agreement with the City of Tukwila and Highline Water District.
REVIEWED BY
/1 Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE: 04/03/23
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to the Committee of the Whole and Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
04/10/23
04/17/23
MTG. DATE
ATTACHMENTS
04/10/23
Informational Memorandum dated 03/31/23
Draft Franchise Agreement/Ordinance
Tukwila Water District Map
Minutes from T&I Committee meeting of 04/03/23 (distributed separately)
04/17/23
37
38
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
City of Tukwila
Allan Ekberg, Mayor
Public Works Deportment - Harr' Pon ekonti, Director/City Engineer
Transportation and Infrastructure Services Committee
Hari Ponnekanti, Public Works Director/ City Engineer
Seong Kim, Deputy Public Works Director -Utilities
Mayor Ekberg
March 31, 2023
Franchise Agreement with the City of Tukwila and Highline Water District
ISSUE
Approve the Franchise Agreement with the City of Tukwila (The City) and the Highline Water District (HWD).
BACKGROUND
The Highline Water District (HWD) approached the City of Tukwila (The City) to explore the possibility of franchise
agreement. The HWD's main goal was to find a way to mitigate the City's permit process for efficient and time -saving
operation and maintenance activities. It was sometimes difficult and time-consuming for the HWD to acquire
necessary permits from the City, especially for routine maintenance activities. HWD requested a "Blanket Activities"
for routine maintenance activities. The City staff viewed merits of this approach and entered into extensive
discussions on this subject.
DISCUSSION
The Highline Water District, (formerly King County Water District 75 prior to 1991), incorporated in 1946, and
currently serves 620 residential and business accounts located within the City of Tukwila. The majority are
residential. The City finds that the entire water system operated and maintained by the HWD is reasonably stable and
reliable. We are in the process of establishing franchise agreements with external utilities that serve within our city
limits. Thus far, we have successfully secured a franchise agreement with WD125 and staff have entered into
negotiations with Valley View Sewer as well.
The City's staff found that establishing a franchise agreement which allows for "Blanket Activities" will be a win-win
situation for both parties because HWD can carry out efficient operation and maintenance activities for the City's
residents by acquiring time -saving permit process from the City, thus saving the City and HWD both time and costs.
The City doesn't anticipate any negative impacts on the City's operation by allowing "Blanket Activities". "Blanket
Activities" will be specifically determined every year.
"Blanket Activities" means:
• Routine maintenance activities which include simple service disconnects for
customers, accessing existing vaults, maintaining hydrants/vaults, adjusting valves, vegetation management,
replacing above -ground meters, installing water sampling stations, flushing activities, and lining pipes.
• Does not include cutting, removing, or disturbing the pavement surface. These
activities are required to get permits from the City.
The City Attorney's office formulated this draft and completed it. The HWD also agreed upon the draft for execution.
FINANCIAL IMPACT
The HWD's revenue of $526,000 came from residents and businesses within the City of Tukwila in 2022. The annual
franchise fee of 6%, will provide a revenue of $31,560 to the City annually.
RECOMMENDATION
The Council is being asked to approve the franchise agreement with the City of Tukwila and Highline Water District
and consider this item at the April 10, 2023 Committee of the Whole meeting and subsequent Consent Agenda at the
April 17, 2023 Regular Council Meeting.
ATTACHMENTS: Draft Franchise Agreement
Tukwila Water District Map
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40
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING HIGHLINE WATER
DISTRICT A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT,
MAINTAIN, OPERATE, REPLACE AND REPAIR A WATER
SYSTEM WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY OF
TUKWILA, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, Highline Water District, a Washington special purpose municipal
corporation ("District"), owns water facilities ("Facilities") located in the City of Tukwila, a
Washington non -charter municipal code city ("City"), and a portion of such Facilities are
located within the City right-of-way as hereinafter defined; and
WHEREAS, RCW 57.08.005(3) authorizes the District to conduct water throughout
the District and any city and town therein, and construct and lay facilities along and upon
public highways, roads and streets within and without the District; and
WHEREAS, RCW 35A.47.040 authorizes the City to grant non-exclusive franchises
for the use of the public streets above or below the surface of the ground by publicly
owned and operated water facilities; and
WHEREAS, the City and the District have prepared this Franchise Agreement to
provide for the operation of District Facilities within the City right-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definitions. Where used in this franchise (the "Franchise") these terms
have the following meanings:
A. "Blanket Activities" means work that does not include cutting, removing, or
disturbing the pavement surface which includes but is not limited to the following activities:
simple service disconnects for customers, accessing existing vaults, maintaining
hydrants/vaults, raising/adjusting valves, vegetation management, replacing above-
ground meter, installing water sampling stations, flushing activities, and lining pipes.
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B. "City" means the City of Tukwila, a Washington municipal corporation, and
its respective successors and assigns.
C. "District" means the Highline Water District, a Washington municipal
corporation, and its respective successors and assigns.
D. "Facility" or "Facilities" means tanks, reservoirs, water treatment facilities,
meters, pipes, mains, services, valves, blow offs, vaults, fire suppression water facilities,
risers, generators, electrical control panels, power meters, telephone connections,
pressure reducing valves ("PRVs"), pump stations, meter stations, lines, and District -
owned service lines located in the Franchise Area as defined below, and all other
necessary or convenient facilities and appurtenances thereto for the purpose of operating
a water utility system, whether the same be located over, on, or underground.
E. "Franchise Area" means every and all of the public roads, streets, avenues,
alleys, highways and rights-of-way of the City as now or hereafter laid out, platted,
dedicated or improved; and any and all public City roads, streets, avenues, alleys,
highways, and other rights-of-way that may hereafter be laid out, platted, dedicated or
improved in the District's service area, within the present corporate boundaries of the City
(as depicted in Exhibit B, attached hereto, which is by this reference incorporated as if fully
set forth herein), and as such corporate boundaries may be extended within District's
service area by annexation or otherwise, but shall not include private roads, streets,
avenues, alleys or private property. The Franchise Area shall not include or convey any
right to the District to install facilities on, or to otherwise use, City owned or leased
properties.
F. "Ordinance" means this Ordinance No. , which sets forth the terms
and conditions of this Franchise.
G. "Party" or "Parties" means the City or the District individually, or collectively
as addressed in this Franchise.
H. "Revenue" means income received by the District from the sale of metered
water to direct retail customers whose properties receiving such service from the District's
water system are located within the City. Revenue shall not include: late fees; shut-off
and reconnect fees; delinquent service charge collection costs and expenses; surcharges;
impact or mitigation fees; permit fees and costs; any type of connection charges, general
facilities charges, or local facilities charges; local improvement district and utility local
improvement district assessments and payments; grants; contributed assets (contributions
in aid of construction); income to recover the cost of fire suppression facilities and to pay
for the provision of fire suppression services; loans; income from legal settlements not
related to water sales to District customers; income from telecommunication leases or
licenses; income from real property or from real property sales; income from the sale of
surplus equipment, tools, or vehicles; interest income; penalties; hydraulic modeling fees;
water system extension agreement fees and charges; income from street lights; labor,
equipment and materials charges; or any other fees and charges.
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Section 2. Franchise.
A. In addition to the authority granted by State law to the District to locate, operate,
and maintain its Facilities in public roads and streets, the City does hereby grant to the
District the non-exclusive right, privilege, authority and franchise to construct, install, lay,
support, attach, maintain, repair, renew, replace, remove, enlarge, operate and use
Facilities in, upon, over, under, along, through, and across the Franchise Area for
purposes of its water utility functions as defined in Title 57 RCW.
B. Nothing contained in this ordinance is to be construed as granting permission to
the District to go upon any other public place other than those types of public places
specifically designated as the Franchise Area in this ordinance. Permission to go upon
any other property owned or controlled by the City must be sought on a case-by-case
basis from the City and may require lease or rental payments as a condition of such use.
C. In addition to the rights granted to the District to undertake and perform activities
within the Franchise Area as provided herein, the District shall have the right to discharge
District water supply to and into the City's storm water system while performing water
system flushing and other District activities, provided any District water discharged to the
City's storm water system must comply with all applicable federal and state water quality
standards and the City's NPDES permit relating to the City's storm water system.
D. At all times during the term of this Franchise, the District shall fully comply with
all applicable federal, state and local laws and regulations and required permits, including,
but not limited to, RCW 39.04.180 for construction trench safety systems, chapter 19.122
RCW for utility damage prevention, the State Environmental Policy Act, the State of
Washington Pollution Control Law, and the Federal Clean Water Act.
E. The terms, conditions, and provisions of Tukwila Municipal Code ("TMC") Title
11, as currently written, or hereafter modified, are incorporated herein by reference. In
the event that a conflict exists between the terms of this Franchise and the terms of the
TMC, the terms of this Franchise shall control.
F. The terms of this Franchise shall not impair or interfere with the District's rights
under any easements that cover areas within any existing or future City rights-of-way.
The District's easement rights shall remain in effect unless formally relinquished by the
District or condemned by the City.
Section 3. Non-interference of Facilities.
A. The District's Facilities shall be located, relocated, and maintained within the
Franchise Area so as not to unreasonably interfere with the free and safe passage of
pedestrian, bicycle, and vehicular traffic and ingress or egress to or from the abutting
property and in accordance with the laws of the State of Washington, and the ordinances,
resolutions, rules and regulations of the City of Tukwila. Nothing herein shall preclude
the District from effecting temporary road closures as reasonably necessary during
construction or maintenance of its Facilities provided the District receives prior City
approval through an appropriate permit, which shall not be unreasonably withheld, and,
provided further, the District shall have the right to effect temporary road closures in the
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event of emergencies to maintain, repair and replace its Facilities without prior City
approval but the District shall obtain City approval of such road closures as soon as
reasonably possible.
B. Whenever it is necessary for the District, in the exercise of its rights under this
Franchise, to make any excavation in the Franchise Area, the District shall, upon
completion of such excavation, restore the surface of the Franchise Area to City
standards, as nearly as reasonably possible to its condition prior to any such excavation,
installation, construction, relocation, maintenance or repair and, except as provided under
Section 4, shall do so, at no expense to the City; PROVIDED, HOWEVER, that no such
work shall be done prior to the obtaining of a permit therefor issued by the City, which
permit shall set forth conditions pertaining to the work to be done and specifications for
the restoration of the Franchise Area.
C. If the City determines that the District has failed to restore the right-of-way in
accordance with the conditions set forth in this Franchise, the City shall provide the District
with written notice, which shall include a description of actions the City believes necessary
to restore the right-of-way. If the right-of-way is not restored in accordance with the City's
notice within fifteen (15) days of that notice, or such longer period as may be specified in
the notice, the City, or its authorized agent, may restore the right-of-way and the District
shall, except as provided in Section 4, be responsible for all reasonable costs and
expenses incurred by the City in restoring the right-of-way in accordance with this section.
The rights granted to the City under this section shall be in addition to those otherwise
provided by this Franchise.
D. The District shall, except as provided in Section 4, at no expense to the City,
expeditiously repair all existing Facilities that it owns, operates and maintains within the
Franchise Area, including any damage caused directly or indirectly by its Facilities. The
District shall also coordinate and manage the repair of service lines in the Franchise Area
connecting its system to users.
E. Survey monuments shall not be removed or destroyed without the District first
obtaining the required Department of Natural Resources (DNR) permit in accordance with
RCW 58.09.130 and WAC 332-120-030, and as such statute and regulation may be
modified and amended. A Professional Land Surveyor (PLS) shall be responsible for
perpetuating and documenting existing monuments in compliance with the Application
Permit to Remove or Destroy a Survey Monument in accordance with WAC 332-120.
Following approval by the Public Land Survey Office, copies of the approved permits shall
be forwarded to the City. All survey monuments, which have been distributed or displaced
by such work, shall be restored pursuant to all federal, state, and local standards and
specifications. The District agrees to promptly complete all restoration work and to
promptly repair any damage caused by such work at its sole expense.
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Section 4. Relocation of Facilities.
A. Whenever the City causes the grading or widening of the Franchise Area or
undertakes construction of City -owned utilities, storm drainage lines, lighting,
signalization, sidewalk improvements, pedestrian and bicycle amenities, or other public
street improvements (collectively, "Public Improvement Projects") and the Public
Improvement Project requires relocation of the District's then -existing Facilities within
such Franchise Area, the City shall:
1. Pursuant to RCW 35.21.905, or as amended, consult with the District in the
predesign phase of any Public Improvement Project in order to coordinate the project's
design with the District Facilities within such project's area; and
2. Provide the District, at least one hundred eighty (180) days prior to the
advertisement for bid of construction of such project, written notice that a project is
expected to require the relocation of District Facilities, together with reasonably accurate
and specific plans and specifications for such grading, widening, or construction and a
proposed new location within the Franchise Area for the District's Facilities. This period
of time shall be extended to three hundred sixty (360) days prior notice if the Public
Improvement Project exceeds Five Hundred Thousand Dollars ($500,000); and
3. Coordinate and work diligently with the District to minimize conflicts
between existing Facilities and the project improvements, where possible, and to avoid
having the District relocate its Facilities, whenever possible. The District acknowledges
and agrees that there are situations and circumstances where no other feasible
alternatives are available and that relocation may be necessary.
B. After receipt of such notice and such plans and specifications, District shall
relocate its Facilities within the Franchise Area to accommodate street and city
improvement projects; provided, however, the District may, after receipt of written notice
requesting a relocation of its Facilities, submit to the City written alternatives to such
relocations. Such written notice must be received by the City within ninety (90) days of
receipt of the notice described in Section 4.A.2 above. Within a reasonable time, the City
shall evaluate such alternatives and advise the District in writing whether one or more of
the alternatives is suitable to accommodate work that would otherwise necessitate
relocation of the Facilities. If requested by the City, the District shall submit such
additional information as is reasonably necessary to assist the City in making such
evaluation. The City shall give each alternative full and fair consideration. If the City
reasonably determines that there is no other feasible alternative, the City shall provide
the District with further written notice ("Secondary Notice") to that effect, and the District
shall then relocate its Facilities by its own forces, by separate public works contract or by
participating in the City's public works project in accordance with Section 4.G. The City
shall cooperate with the District to designate a substitute location for its Facilities within
the Franchise Area. The City will establish a date by which Facilities will be relocated,
which date will be not less than one hundred eighty (180) days after receipt of the
Secondary Notice by the District as to the Facility to be relocated. The District must finish
relocation of each such Facility by the date so established.
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C. The cost of relocating such Facilities existing within the Franchise Area shall be
paid as follows:
1. If the relocation occurs within ten (10) years after the District or a third party
on the District's behalf constructed such Facility, then the City shall pay fifty percent (50%)
of the cost of such relocation and the District shall pay the remaining fifty percent (50%).
2. If the relocation occurs more than ten (10) years after the District or a third
party on the District's behalf constructed such Facility, then the relocation shall be at the
District's sole cost.
3. However, if the City requires the relocation of Major Facilities defined as
water mains of twelve (12) inch diameter or greater, supply stations, pump stations, or
vault structures ("Major Facilities" or "Major Facility") to accommodate a City project,
where such facility cannot reasonably be supported, disconnected, relocated or removed,
then the City shall pay fifty percent (50%) of the cost of the relocation of the Major Facility
and the District shall pay the remaining fifty percent (50%) without limitation on the age
of the facility; provided, the City and District agree to give full and fair consideration to any
lower-cost alternatives to relocating the Major Facility meeting the minimum operational
requirements of the Parties, and the City and the District shall each pay fifty percent (50%)
of the lower-cost alternative.
4. For the purposes of this Section 4, the date of the Facility's acceptance by
the District Board of Commissioners, or the date of final contract payment for the facility's
installation (whichever occurs first), shall determine the age of the Facility.
5. Whenever any State or Federal Agency with legal authority within the
Franchise Area requires the relocation of District Facilities, the relocation shall be at the
District's sole cost. This provision does not limit the District's rights to seek
reimbursement for the costs of such relocation from the State or Federal Agency requiring
the relocation.
6. Subsections 4.C.1 and 4.C.3 of this Section 4 shall not apply to relocations
of District Facilities required as part of a formal declaration of emergency as defined in
RCW 39.04.280(3) by the City, which is ratified by resolution of the City Council. In such
cases, relocation, if necessary, shall be at the District's sole cost.
D. Whenever the City is undertaking a road or City -owned utility project or
improvement, the City will not use its authority to require the District to relocate water
facilities (excluding water services and hydrants) for third party franchise utilities (private
utilities) on City -initiated aerial -to -underground conversion projects. If conflicts between
the aerial -to -underground joint -trench and the District Facilities cannot be resolved, and
relocation of District Facilities is necessary, the District shall have the right as a pre-
condition of such relocation to require payment to the District for any and all costs and
expenses incurred by the District in the relocation of such District Facilities. On City -
initiated projects requiring aerial -to -aerial relocation of third party franchise utilities
(private utilities), the District shall relocate that portion of its Facilities which are in direct
conflict with the new locations of the third party franchise utility facilities, such as utility
poles, or participate in securing the necessary easements where no reasonable
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alternative location for the third party franchise utility facilities exist within the then existing
right-of-way.
E. For the purpose of this Section 4, a project or improvement is considered to be
caused by the City (as described in Section 4.A above) if the project is City -initiated and
is part of the City's annually adopted Capital Improvement Project (CIP) Program, and
can include projects or improvements where a third party has made an in lieu payment
for a portion of the City's capital improvement project, provided, the City is responsible
for the majority of the cost of the project or improvement, which, if applicable, includes
any grant funding received by the City from any federal, state or local agency. A project
or improvement is not considered to be caused by the City if the project or improvement
is constructed by the City on behalf of a third party, where the third party is responsible
for the majority of the project or improvement cost and makes payment to the City in lieu
of performing the project or improvement.
F. Whenever any person or entity, other than the City, requires the relocation of
District Facilities to accommodate the work of such person or entity within the Franchise
Area (excluding State and Federal agencies with legal authority within the Franchise
Area), the City agrees not to use its authority to require the District to relocate the existing
Facilities. The District shall have the right as a pre -condition of such relocation to require
such person or entity to:
1. Make payment to District at a time and upon terms acceptable to the District
for any and all costs and expense incurred by the District in the relocation of District
Facilities; and
2. Protect, defend, indemnify and hold the District harmless from any and all
claims and demands made against it on account of injury or damage to the person or
property of another arising out of or in conjunction with the relocation of District Facilities,
to the extent such injury or damage is caused by the negligence or willful misconduct of
the person or entity requesting the relocation of District Facilities or other negligence or
willful misconduct of the agents, servants or employees of the person or entity requesting
the relocation of District Facilities.
G. If a City project requires the relocation of then existing Facilities within the
Franchise Area, the District shall have the right by interlocal agreement with the City to
include the relocation of any Facilities as required by the City as part of the City's public
works project. Such interlocal agreement shall include and provide for, but not be limited
to, the following terms and conditions:
1. The inclusion of the District's work as part of the City's project; and
2. The District to provide plans and specifications of the District's work to the
City in a timely manner for inclusion as a separate bid schedule in the City project,
whether such District plans and specifications are prepared by the District at the District's
expense, or the City prepares the plans and specifications for the District's work at the
District's expense; and
3. The City bidding the project, including the District's work by separate bid
schedule, and the District's approval of the contractor's bid for the District's work in the
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separate bid schedule, or, alternatively, the District's rejection of the contractor's bid for
the District work and the District's right to perform the District's work through a District
contractor, provided that in so doing the City's project is not unreasonably delayed; and
4. The City's contractor to install both the City work and the District work, the
City's obligation to pay the City's contractor for both the City work and the District work,
and the District's obligation to reimburse the City for the cost of the District work performed
by the City contractor; and
5. The District's obligation to reimburse the City for District project
administration and inspection fees and costs based on a time and materials basis,
provided the City and the District may negotiate a lump sum payment on a per project
basis, or a percentage of the total District project construction cost, and provided the
District shall not be required to pay for any City -issued permits related to the City work
and the District work.
H. The Parties expressly agree that this Section 4 shall not survive the expiration,
revocation or termination of this Franchise, unless modified by separate agreement.
Section 5. Right -of -Way Management.
A. Permit Requirements. Whenever the District excavates in any right-of-way for
the purpose of installation, construction, operation, maintenance, repair or relocation of
its Facilities, it shall apply to the City for a permit to do so in accordance with this Franchise
and the ordinances and regulations of the City requiring permits to operate in City right-
of-way. Except for emergencies or as otherwise provided for in this Franchise and
applicable City ordinance, no District excavation work shall occur within any City right-of-
way without a permit. All work shall be done to the City's reasonable satisfaction.
B. Blanket Permits. The District may obtain a Blanket Activities Permit for Blanket
Activities, as defined in Section 1, performed in the City's rights-of-way. The permit will
be charged at the fee as identified in the City's Fee Schedule and hourly inspection fees
shall be paid monthly. Blanket Activities require submittal of typical traffic control
measures consistent with the MUTCD. Permits for Blanket Activities shall be valid for no
longer than twelve (12) months.
C. Restoration after Construction. The District shall, after any installation,
construction, relocation, operation, maintenance or repair of Facilities within the
Franchise Area, restore the right-of-way to City standards as nearly as reasonably
possible to its condition prior to any such work. The District agrees to promptly complete
all restoration work and to promptly repair any damage to the right-of-way caused by such
work at its sole cost and expense. The District further agrees to repair or replace any
defective restoration work performed by the District or on its behalf consistent with the
City's Infrastructure Design and Construction Standards. If it is determined the District
has failed to restore the right-of-way in accordance with this Franchise and other
applicable City regulations or if the District's restoration work is subsequently determined
to be defective, the City shall provide the District with written notice. Any notice issued
by the City shall include a description of the actions the City believes necessary to restore
the right-of-way or repair or replace the work. The Parties agree the District shall not be
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required to pay the City any pavement mitigation fees or similar charges relating to cutting,
removing or disturbing pavement within the right-of-way if the District's pavement cutting,
removing, or disturbing is in connection with a Public Improvement Project.
D. Bonding Requirement. The District, as a public agency, shall not be required
to comply with the City's standard bonding requirement for working in the City's rights-of-
way.
E. Emergency Work, Permit Waiver. In the event of an emergency where any
District Facilities located in the right-of-way are broken or damaged, or if the District's
construction area for the District's Facilities is in a condition as to place health or safety
of any person or property in imminent danger, the District shall immediately take any
necessary emergency measures to repair, replace or remove its Facilities without first
applying for and obtaining a permit as required by this Franchise; provided the District
shall notify the City as soon as reasonably possible relative to such emergency activity
and shall immediately obtain a permit for such activity if required by this Franchise or City
ordinance.
F. City Work Zones. The District shall not be required to obtain a City right-of-
way permit to undertake utility work when the District has included its work as part of a
City public works project in accordance with Section 4.G.
G. City Invoices. The City shall invoice the District for all City fees and charges
relating to the issuance of any City right-of-way permit to the District, including inspection
fees and charges, on a monthly basis, and the City's final fees and charges within thirty
(30) days of the completion of any District work in City right-of-way subject to a City permit,
and the City's final acceptance of any District work.
H. Contractors and Subcontractors. The District's contractors and
subcontractors shall be licensed and bonded in accordance with State law and the City's
ordinances, regulations, and requirements. Work by contractors and subcontractors is
subject to the same restrictions, limitations, and conditions as if the work were performed
by the District. The District shall be responsible for all work performed by its contractors
and subcontractors and others performing work on its behalf as if the work were
performed by the District and shall ensure that all such work is performed in compliance
with this Franchise and applicable law.
Section 6. Planning Coordination.
A. The Parties agree to participate in the development of, and reasonable updates
to, the other Party's planning documents as follows:
1. For the District's service area within the City limits, the District will participate
in a cooperative effort with the City to develop City's Comprehensive Plan Utilities
Element that meets the requirements described in RCW 36.70A.070(4).
2. The District will participate in a cooperative effort with the City to ensure that
the Utilities Element of the City's Comprehensive Plan is accurate as it relates to the
District's operations and is updated to ensure continued relevance at reasonable
intervals.
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3. The District shall submit information related to the general location,
proposed location, and capacity of all existing and proposed Facilities within the City as
requested by the City within a reasonable time, not exceeding twenty (20) days from
receipt of a written request for such information, provided that such information is in the
District's possession, or can be reasonably developed from the information in the District's
possession.
4. The City will provide information relevant to the District's operations within
a reasonable period of written request to assist the District in the development or update
of the District's Comprehensive Water System Plan(s), provided that such information is
in the City's possession, or can be reasonably developed from the information in the City's
possession.
B. The District and the City shall each assign a representative whose responsibility
shall be to coordinate planning for capital improvement plan projects including those that
involve undergrounding. At a minimum, such coordination shall include:
1. For the purpose of planning, the District and the City shall provide each
other with a copy of their respective current adopted Capital Improvement Pian annually
and upon request by the other Party.
2. By February 1st of each year, the District shall provide the City with a
schedule of the District's planned capital improvements which may affect the rights-of-
way for that year.
3. By February 1st of each year, the City shall provide the District with a
schedule of City's planned capital improvements which may affect the rights-of-way for
that year including but not limited to street overlays and repairs, storm drainage
improvements and construction, and all other rights-of-way activities that could affect
District capital improvements and infrastructure.
4. The District shall meet with the City, and other franchisees and users of the
right-of-way, as necessary, to schedule and coordinate construction activities.
5. All construction locations, activities, and schedules shall be coordinated to
minimize public inconvenience, disruption or damages.
6. The City and the District agree to cooperate in the planning and
implementation of emergency operations response procedures.
7. Without charge to either Party, both Parties agree to provide each other with
as -built plans, maps and records in electronic format as available that show the location
of their respective facilities within rights-of-way.
Section 7. Indemnification.
A. To the extent permitted by law, the District shall indemnify, defend and hold the
City, its agents, officers, officials (elected and appointed) employees, volunteers and
assigns harmless from and against any and all third party claims, demands, liability, loss,
cost, damage or expense of any nature whatsoever, including all costs and attorney's
fees, made against them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful, tortious or
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negligent acts, failures and/or omissions of the District or its agents, officers, officials
(elected and appointed) servants, employees, contractors, subcontractors or assigns in
the construction, operation or maintenance of its Facilities or in exercising the rights
granted to the District in this Franchise; excluding claims relating to known or classified
hazardous substances (chemical or waste) which are covered in subsection E, below;
provided, however, such indemnification shall not extend to injury or damage to the extent
caused by the sole negligence or willful misconduct of the City, its agents, officers, officials
(elected and appointed), employees, volunteers or assigns. Inspection or acceptance by
the City of any work performed by the District at the time of completion of construction
shall not be grounds for avoidance by the District of any of its indemnification obligations.
B. The City shall indemnify, defend and hold the District, its agents, officers,
officials (elected and appointed), employees, volunteers and assigns harmless from and
against any and all third party claims, demands, liability, loss, cost, damage or expense
of any nature whatsoever, including all costs and attorney's fees, made against them on
account of injury, sickness, death or damage to persons or property which is caused by
or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or
omissions of City or its agents, officers, officials (elected and appointed), employees,
contractors, subcontractors or assigns in the City's performance, administration and
operation of this Franchise; provided, however, such indemnification shall not extend to
injury or damage to the extent caused by the negligence or willful misconduct of the
District, its agents, officers, officials (elected and appointed), employees, volunteers or
assigns.
C. In the event any claim or demand is presented to or filed with the District or the
City arising out of or relating to the acts or omissions in whole or in part of the other Party,
the indemnified Party shall promptly notify the other Party, and the notified Party shall
have the right, at its election and at its sole cost and expense, to settle and compromise
such claim or demand.
D. In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the City
and the District, their officers, officials (elected and appointed), employees and agents,
the District's liability hereunder shall be only to the extent of the District's negligence and
the City's liability shall be only to the extent of the City's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification.
E. The District shall not introduce or use any known or classified hazardous
substances (chemical or waste), in violation of any applicable law or regulation, nor shall
the District allow any of its agents, contractors, subcontractors or any person under its
control to do the same. The District will be solely responsible for and will defend,
indemnify, and hold the City, its officers, officials (elected and appointed), employees,
agents, and volunteers harmless from and against any and all claims, costs, and liabilities
including reasonable attorney fees and costs, arising out of or in connection with the
cleanup or restoration of the Franchise Area to the extent caused by the District's use,
storage, or disposal of known or classified hazardous substances, whether or not
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intentional, and the use, storage, or disposal of such substances by the District's agents,
contractors, subcontractors, or other persons acting under the District's control, whether
or not intentional.
F. Notwithstanding any other provisions of this Section 7, the District assumes the
risk of damage to its Facilities located in the rights-of-way and upon City -owned property
from activities conducted by the City, its officers, officials (elected and appointed), agents,
employees, volunteers, elected and appointed officials, and contractors, except to the
extent any such damage or destruction is caused by or arises from any sole negligence,
willful misconduct, or criminal actions on the part of the City, its officers, agents,
employees, volunteers, officials (elected and appointed), or contractors. The District
releases and waives any and all such claims against the City, its officers, agents,
employees, volunteers, officials (elected and appointed), or contractors.
G. The provisions of this Section 7 shall survive the expiration, revocation, or
termination of this Franchise.
Section 8. Default.
A. If the District fails to comply with any of the provisions of this Franchise, unless
otherwise provided for herein, the City may serve upon the District a written order to so
comply within thirty (30) days from the date such order is received by the District. If the
District is not in compliance with this Franchise after expiration of the thirty (30) day
period, the City may act to remedy the violation and may charge the costs and expenses
of such action to the District. The City may act without the thirty (30) day notice in case
of an emergency and may charge the costs and expenses of such action to the District.
The City may in addition, by ordinance adopted no sooner than five (5) days after notice
of the City Council hearing (at which the District will have an opportunity to be heard) on
the impending ordinance, declare an immediate forfeiture of this Franchise, provided,
however, if any material failure to comply with this Franchise by the District cannot be
corrected with due diligence within said thirty (30) day period, the District's obligation to
comply and to proceed with due diligence being subject to unavoidable delays and events
beyond its control, in which case the time within which the District may so comply shall
be extended for such time as may be reasonably necessary and so long as the District
commences promptly and diligently to effect such compliance, provided a good faith
dispute does not exist concerning such compliance. All rights and remedies shall be in
addition to and cumulative with any and all other rights and remedies available to either
the City or the District. Such rights and remedies shall not be exclusive, and the exercise
of one or more rights or remedies shall not be deemed a waiver of the right to exercise,
at the same time or thereafter, any other right or remedy.
B. In addition to other remedies provided herein, if the District is not in compliance
with requirements of this Franchise, and if a good faith dispute does not exist concerning
such compliance, the City may place a moratorium on issuance of pending District right-
of-way use permits until compliance is achieved.
Section 9. Non-exclusive Franchise. This Franchise is not and shall not be
deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit
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the City from granting other franchises over, upon, and along the Franchise Area which
do not interfere with District's rights under this Franchise. This Franchise shall not prohibit
or prevent the City from constructing, altering, maintaining, or using the Franchise Area
or affect the jurisdiction of the City over the same or any part thereof.
Section 10. Jurisdiction. This Franchise is intended to convey limited rights and
interest only as to those roads and rights-of-way in which the City has an actual interest
within the Franchise Area. It is not a warranty of title or of interest in City rights-of-way.
Section 11. Franchise Term. This Franchise shall have a term of fifteen (15) years
from its Effective Date as defined in Section 37 herein, provided this Franchise shall be
automatically extended for one additional five (5) year period unless either Party, at least
one hundred eighty (180) days prior to the termination date of the Franchise provides
written notice to the other Party of its intent to terminate the Franchise at the end of the
then current Franchise term (collectively, the "Term").
Section 12. Administrative Fee. As compensation to the City for its costs of
creating and administering this Franchise, the District shall pay to the City a one-time
administrative fee ("Administrative Fee") of Two Thousand Five Hundred Dollars
($2,500.00). The Administrative Fee shall be paid by the District to the City within thirty
(30) days of the Effective Date of the Franchise.
Section 13. Non -assumption. In consideration of the District's payment of the
Franchise Fee and Administrative Fee to the City as provided in Sections 12 and 14
herein, and the District's acceptance of the other terms and conditions of this Franchise,
the City agrees not to exercise and to forbear its statutory authority pursuant to chapter
35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the
District or any District responsibilities, property, facilities, equipment or utility customers
located within or without the City's corporate limits during the term of this Franchise. The
City's agreement and forbearance includes not facilitating or cooperating with any other
city or town to attempt, pursuant to RCW 35.13A.060 or as such statute may be amended
or superseded, to assume jurisdiction over the District or any District responsibilities,
property, facilities, equipment or utility customers located within or without the City's
corporate limits during the Term of this Franchise; provided, that this provision shall not
be construed to prohibit or prevent the City from responding to requests for public records
related to such attempts by other cities or towns .
Section 14. Franchise Fee.
A. In consideration of the rights granted to the District under this Franchise, the
District shall pay to the City a franchise fee ("Franchise Fee") beginning the first day of
the first month occurring at least thirty (30) days after the Effective Date of this Franchise,
subject to the provisions of Section 14.B herein, as follows:
Six percent (6%) of the District's Revenue derived from the provision of retail
water service billed to its customers after the date established in Section 14(A)
and thereafter until the termination of this Franchise, including any extension
of the term of this Franchise. In the event the City decides to adopt a utility,
business and occupation tax, public utility tax, privilege tax, excise tax or any
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other similar tax (collectively "utility tax") upon the District based on the
District's revenues, gross receipts, or gross income during the term of this
Franchise, then the District's Franchise Fee payments under this Franchise
shall be credited against any such utility tax the City may impose.
B. The Franchise Fee shall be paid to the City in bi-monthly installments due and
payable within thirty (30) days following the end of the bi-monthly period.
C. Should the District be prevented by judicial or legislative action from paying any
or all of the Franchise Fee, the District shall be excused from paying that portion of the
Franchise Fee. Should a court of competent jurisdiction declare the Franchise Fee
invalid, in whole or in part, then the District's obligation to pay the Franchise Fee to the
City under this section shall be terminated in accordance with and to the degree required
to comply with such court action, provided, the Parties agree to amend this Franchise to
require the District submit payment of a six percent (6%) utility tax.
D. In consideration of the District's payment of a Franchise Fee and Administrative
Fee to the City as provided herein, and the District's acceptance of the other terms and
conditions of this Franchise, the City agrees not to exercise, and to forbear, any legal
authority it may have to impose compensation or a rental fee (collectively, "Rental Fee")
upon the District for the District's use of the Franchise Area as provided for in this
Franchise.
E. The District shall have the right to recover the Franchise Fee from the District's
ratepayers residing within the City and may identify the Franchise Fee as a separate
billing item on utility customer billings.
F. The District agrees while this Franchise is in effect that it will not pursue or
support any legal challenge to the Franchise Fee set forth herein.
G. If the District determines to bill the City for fire suppression water facilities as
defined in RCW 70A.145.020(1) during the term of this Franchise, the City shall have the
right, at its sole discretion, to terminate this Franchise, including the right to receive the
Franchise Fee Payments from the District.
H. If the District fails to pay any fee required under this Franchise within ninety (90)
days after the due date thereof, there shall be added to such fee a penalty of 1.5 percent
(1.5%) of the amount of such fee.
Section 15. Compliance with Codes and Regulations.
A. The rights, privileges and authority herein granted are subject to and governed
by this ordinance and all other applicable City ordinances and codes, including the City's
Road Standards, as they now exist or may hereafter be amended, provided the City shall
not unreasonably affect or modify any portion of this Franchise without the District's
written approval. Nothing in this ordinance limits the City's lawful power to exercise its
police power to protect the safety and welfare of the general public or deprive the City of
any powers, rights, or privileges it now has or may later acquire in the future to regulate
the use of and to control the City rights-of-way covered by this Franchise. Any location,
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relocation, erection or excavation by District shall be performed by District in accordance
with applicable federal, state and City rules and regulations, including the City public
works policies and pre -approved plans, and any required permits, licenses or regulatory
fees, and applicable safety standards then in effect or any Memorandum of
Understanding with District.
B. If any territory served by District is annexed to the City after the Effective Date
of this Franchise, this Franchise shall be deemed to be the new agreement required to
be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period
of time is then required under that statute or the remaining time left under this Franchise
for the Franchise Area, whichever is longer. Such territory shall then be governed by the
terms and conditions contained herein upon the effective date of such annexation. The
first Franchise Fee for any annexed area shall be calculated pro rata from the effective
date of the annexation to the end of the next bi-monthly billing period and paid to the City
at the same time as the fee for the Franchise Area is paid for that bi-monthly billing period.
C. The District shall, at all times, employ professional care and shall install and
maintain and use industry -standard methods for preventing failures and accidents that
are likely to cause damage, injuries, or nuisances to the public. All structures and all
Facilities, equipment, and connections in, over, under, and upon the rights of way,
wherever situated or located, shall at all times be kept and maintained in a safe condition.
The District shall comply with all federal, State, and City safety requirements, rules,
regulations, laws, and practices, and employ all necessary devices as required by
applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. Upon reasonable notice to the District, the City reserves the
general right to inspect the Facilities covered by this Franchise to evaluate if they are
constructed and maintained in a safe condition.
D. If an unsafe condition or a violation of Section 15.0 is found to exist, and
becomes known to the City, the City agrees to give the District timely written notice of
such condition and afford the District a reasonable opportunity to repair the same. If the
District fails to start to make the necessary repairs and alterations within the time frame
specified in such notice (and pursue such cure to completion), then the City may make
such repairs or contract for them to be made. All costs, including administrative costs,
incurred by the City in repairing any unsafe conditions shall be borne by the District and
reimbursed to the City.
E. The District shall be solely and completely responsible to perform all work
related to this Franchise in compliance with all applicable federal, state, county and City
statutes, rules, regulations, ordinances, orders and codes as presently constituted or as
may be subsequently amended. The District's attention is directed to the requirements
of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The District
shall be solely and completely responsible for safety and safety conditions on its job sites
and for its work within the Franchise Area, including the safety of all persons and property
during performance of any works therein. The services of the City or City's consultant
personnel in conducting construction review of the District's work relating to the Franchise
is not intended to include review of the adequacy of the District's work methods,
equipment, scaffolding, or trenching, or safety measures in, on or near such Franchise
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Area or job site. The District shall provide reasonable and appropriate access for the City
and its inspectors to adequately inspect the work and its conformance with applicable
statutes, ordinances, rules, regulations, and the Franchise.
F. Additional safety standards required include the following:
1. All installations of Facilities shall be installed in accordance with industry -
standard engineering practices.
2. Any opening or obstruction in the rights-of-way or other public places made
by the District in the course of its operations shall be protected by the District at all times
by the placement of adequate barriers, fences, or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly marked and visible.
G. On notice from the City that any work is being performed contrary to the
provisions of this Franchise, or in an unsafe or dangerous manner as determined by the
City, or in violation of the terms of any applicable permit, laws, regulations, ordinances,
or standards, the work may immediately be stopped by the City. The stop work order
shall:
1. Be in writing;
2. Be given to the person doing the work or posted on the work site;
3. Be sent to the District by overnight delivery or personally delivered to the
District;
4. Indicate the nature of the alleged violation or unsafe condition; and
5. Establish conditions under which work may be resumed.
Section 16. Location of Facilities and Equipment. With the exception of
components that are traditionally installed above ground such as fire hydrants, blow offs,
vault lids, risers, pump stations, generators, electrical control panels, power meters,
telephone connections, automated reading equipment and appurtenances, and utility
markers, all Facilities and equipment to be installed within the Franchise Area shall be
installed underground; provided, however, that such Facilities may be installed above
ground if so authorized by the City, which authorization shall not be unreasonably
withheld, conditioned or delayed, consistent with the provisions of the City's land use and
zoning code and applicable development pre -approved plans.
Section 17. Record of Installations and Service.
A. With respect to excavations by the District and the City within the Franchise
Area, the District and the City shall each comply with their respective obligations pursuant
to chapter 19.122 RCW, and as such statute may be modified and amended, and any
other applicable state law. Further, upon request from a third party or the City's
contractor, the District shall locate its Facilities consistent with the requirements of chapter
19.122 RCW.
B. Upon written request of the City, the District shall provide the City with the most
recent update available of any plan of potential improvements to its Facilities within the
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Franchise Area; provided, however, any such plan so submitted shall only be for
informational purposes within the Franchise Area, nor shall such plan be construed as a
proposal to undertake any specific improvements within the Franchise Area.
C. Upon written request of District, the City shall provide District with the most
recent update available of any plan of potential improvements to its Facilities located
within the Franchise Area; provided, however, any such plan so submitted shall only be
for informational purposes within the Franchise Area, nor shall such plan be construed as
a proposal to undertake any specific improvements within the Franchise Area.
D. As -built drawings of the location of any Facilities placed by the District in the
Franchise Area, shall be made available to the City within twenty (20) working days of
request.
Section 18. Shared Use of Excavations.
A. The District and the City shall exercise best efforts to coordinate construction
work either may undertake within the Franchise Area so as to promote the orderly and
expeditious performance and completion of such work as a whole. Such efforts shall
include, at a minimum, reasonable and diligent efforts to keep the other Party and other
utilities within the Franchise Area informed of its intent to undertake such construction
work. The District and the City shall further exercise best efforts to minimize any delay or
hindrance to any construction work undertaken by themselves or other utilities within the
Franchise Area.
B. If at any time, or from time to time, either the District, the City, or another
franchisee, shall cause excavations to be made within the Franchise Area, the Party
causing such excavation to be made shall afford the others, upon receipt of a written
request to do so, an opportunity to use such excavation, provided that:
1. No statutes, laws, regulations, ordinances or District safety policies prohibit
or restrict the proximity of other utilities or facilities to District's Facilities installed or to be
installed within the area to be excavated;
2. Such joint use shall not unreasonably delay the work of the Party causing
the excavation to be made;
3. Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties. The Parties shall each cooperate with other utilities in the
Franchise Area to minimize hindrance or delay in construction.
C. The City reserves the right to not allow open trenching within any City street
within five (5) years following a street overlay or improvement project; however, the
District may open a trench provided it grinds and overlays the excavation area in
accordance with the City written and adopted street overlay policy. In addition to the
requirements of Section 6.B.3, the City shall provide the District with written notice of not
less than one hundred eighty (180) days prior to the commencement of any street overlay
or improvement project.
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Section 19. Insurance.
The District shall procure and maintain for the duration of the Franchise and as long
as District has Facilities in the rights-of-way, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the Franchise
and use of the rights-of-way.
A. No Limitation. The District's maintenance of insurance as required by the
Franchise shall not be construed to limit the liability of the District to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
B. Minimum Scope of Insurance. The District shall obtain insurance of the types
and coverage described below:
1. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop
gap liability, independent contractors, products -completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage.
The City shall be named as an additional insured under the District's Commercial General
Liability insurance policy with respect to this Franchise using ISO endorsement CG 20 12
05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage.
2. Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect throughout the
entire Franchise covering losses caused by pollution conditions that arise from the
operations of the District. Contractors Pollution Liability shall cover bodily injury, property
damage, cleanup costs and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
4. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over and at least as
broad in coverage as the District's Commercial General Liability and Automobile Liability
insurance. The City shall be named as an additional insured on the District's Excess or
Umbrella Liability insurance policy.
C. Minimum Amounts of Insurance. The District shall maintain the following
insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $5,000,000 each occurrence, $5,000,000 general aggregate.
2. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $5,000,000 per accident.
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3. Contractors Pollution Liability insurance shall be written in an amount of at
least $1,000,000 per loss, with an annual aggregate of at least $1,000,000.
4. Excess or Umbrella Liability insurance shall be written with limits of not less
than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability
requirement and limits may be satisfied instead through District's Commercial General
Liability and Automobile Liability insurance, or any combination thereof that achieves the
overall required limits.
D. Other Insurance Provisions. The District's Commercial General Liability,
Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance
policy or policies are to contain, or be endorsed to contain, that they shall be primary
insurance as respect to the City. Any insurance, self-insurance, or self-insured pool
coverage maintained by the City shall be excess of the District's insurance and shall not
contribute with it.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII or a recognized risk management pool that
complies with the standards adopted by the Washington State Risk Manager.
F. Verification of Coverage. The District shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement if available, evidencing the insurance
requirements of the Franchise. Upon request by the City, the District shall furnish certified
copies of all required insurance policies, including endorsements, required in this
Franchise and evidence of all contractors' coverage.
G. Contractors. The District shall cause each and every contractor to provide
insurance coverage that complies with all applicable requirements of the District -provided
insurance as set forth herein, except the District shall have sole responsibility for
determining the limits of coverage required to be obtained by contractors.
H. Notice of Cancellation. The District shall provide the City with written notice
of any policy cancellation within two business days of their receipt of such notice.
I. Failure to Maintain Insurance. Failure on the part of the District to maintain
the insurance as required shall constitute a material breach of Franchise, upon which the
City may, after giving five business days' notice to the District to correct the breach,
terminate the Franchise or, at its discretion, procure or renew such insurance and pay
any and all premiums in connection therewith, with any sums so expended to be repaid
to the City on demand.
J. City Full Availability of District Limits. If the District maintains higher
insurance limits than the minimums shown above, the City shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
District, irrespective of whether such limits maintained by the District are greater than
those required by this Franchise or whether any certificate of insurance furnished to the
City evidences limits of liability lower than those maintained by the District.
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K. District — Self -Insurance. The District may fulfill the insurance obligations
contained herein by maintaining membership in a joint self-insurance program authorized
by chapter 48.62 RCW. In this regard, the City understands that as a member of such a
program the District is not able to name the City as an "additional insured" under the
liability coverage provided by the joint self-insurance program. If the District is self-
insured or becomes self-insured during the term of the Franchise, the District or its
affiliated parent entity shall comply with the following: (i) provide the City, upon request,
a copy of the District's or its parent company's most recent audited financial statements,
if such financial statements are not otherwise publicly available; (ii) the District or its
parent company is responsible for all payments within the self-insured retention; and (iii)
the District assumes all defense and indemnity obligations as outlined in Section 7.
Section 20. Abandonment and/or Removal of District Facilities.
The Parties agree that the standard practice will be to abandon underground District
Facilities in-place whenever practical, subject to the following conditions:
1. The District shall continue to own and be responsible for any such Facilities
abandoned within the Franchise Area.
2. The City shall have the right to require the District to remove any Facilities
abandoned within the Franchise Area if the City reasonably determines the removal of
the abandoned Facility is required to facilitate the construction or installation of a City
project within the Franchise Area and the City determines there is no other feasible
alternative to the removal of the Facility. The City will make reasonable efforts to avoid
conflicts with abandoned Facilities whenever possible, however, whenever a conflict
cannot be resolved except by removal from the right-of-way of previously abandoned
District Facilities, then the District shall, at the District's expense, remove such abandoned
Facilities by its own forces, by contract or by participating in the City's public works project.
When necessary, removal of abandoned Facilities shall be limited to the area of direct
conflict. In removing such material, the District shall conform to all local, state, and federal
regulations applicable to asbestos abatement, when applicable.
3. If the District becomes aware that removal of any abandoned Facilities
within the Franchise Area is required to eliminate or prevent an emergency or hazardous
condition that endangers the property, life, health or safety of any person or entity, the
District shall promptly, at no cost to the City, remove such decommissioned Facilities.
4. Within one hundred and eighty days (180) of the District's permanent
cessation of use of its Facilities as determined by the District, or any portion thereof, the
District shall provide the City with record drawings showing the location of the Facilities
to be abandoned.
5. District Facilities that are abandoned in-place shall be abandoned pursuant
to City standards, to the satisfaction of the City Public Works Director or designee.
6. The Parties expressly agree that this section shall survive the expiration,
revocation or termination of this Franchise, unless modified by separate agreement.
Section 21. Vacation of Franchise Area. If the City processes an application
and/or determines to vacate any right-of-way which is part of the Franchise Area, the City
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may, after giving thirty (30) days written notice ("Vacation Notice") to the District, terminate
this Franchise with respect to any City rights-of-way so vacated. However, should the
District notify the City that an easement is required for existing Facilities within the
proposed vacation area, the City shall require the applicant for a vacation to prepare and
provide to the District the necessary easement documentation, at no cost to the District.
The City shall withhold approval of such vacation until the District has notified the City
that the necessary easement documentation has been secured, or provisions otherwise
made acceptable to the District to maintain the viability and use of existing Facilities,
provided that the District provides such notice to the City within one hundred eighty (180)
days following the City's Vacation Notice to the District.
Section 22. Assignment. All of the provisions, conditions, and requirements herein
contained shall be binding upon the District, and no right, privilege, license or
authorization granted to the District hereunder may be assigned or otherwise transferred
without the prior written authorization and approval of the City, which the City may not
unreasonably withhold, condition or delay, provided that a merger or consolidation of
District with or into another Title 57 water -sewer district shall not be considered an
assignment for the purposes of this provision and shall not be subject to the City's
approval.
Section 23. Reservation of Rights. The City reserves the right, upon thirty (30)
days written notice to the District, to amend or modify the provisions or conditions of this
Franchise to conform to any state, county, or federal statute, rule, regulation, or ordinance
adopted pursuant to the City's legitimate police power to protect the safety and welfare of
the general public; provided that the City shall not unreasonably affect or modify any
portion of this Franchise without the District's written approval. Unless otherwise
mandated by state or federal law, if any term or condition of this Franchise and any term
or condition of any City code, ordinance, resolution, or regulation are in conflict, the terms
of this Franchise shall control.
Section 24. Notice. Unless applicable law requires a different method of giving
notice, any and all notices, demands or other communications required or desired to be
given hereunder by any Party (collectively, "notices") shall be in writing and shall be validly
given or made to another Party if delivered either personally or by Federal Express or
other overnight delivery service of recognized standing, or if deposited in the United
States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail
with electronic confirmation. If such notice is personally delivered, it shall be conclusively
deemed given at the time of such delivery. If such notice is delivered by Federal Express
or other overnight delivery service of recognized standing, it shall be deemed given one
(1) business day after the deposit thereof with such delivery service. If such notice is
mailed as provided herein, such shall be deemed given three (3) business days after the
deposit thereof in the United States Mail. If such notice is sent by email, it shall be
deemed given at the time of the sender's receipt of electronic confirmation. Each such
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61
notice shall be deemed given only if properly addressed to the Party to whom such notice
is to be given as follows:
To City:
To District:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
General Manager
Highline Water District
23828 30th Ave S
Kent, WA 98032
Any Party may change its contact information and address for the purpose of
receiving notices as herein provided by a written notice given in the manner required by
this Section to the other Party.
Section 25. Severability. If any term, provision, condition or portion of this
Franchise shall be held to be invalid by a court of competent jurisdiction, such invalidity
shall not affect the validity of the remaining portions of this Franchise, which shall continue
in full force and effect.
Section 26. Non -Waiver. The failure of either Party to enforce any breach or
violation by the other Party or any provision of this Franchise shall not be deemed to be
a waiver or a continuing waiver by the non -breaching Party of any subsequent breach or
violation of the same or any other provision of this Franchise.
Section 27. Alternate Dispute Resolution. If the Parties are unable to resolve
disputes arising from the terms of this Franchise, prior to resorting to a court of competent
jurisdiction, the Parties may submit the dispute to mediation or other non-binding alternate
dispute resolution process agreed to by the Parties. Unless otherwise agreed upon
between the Parties or determined herein, the cost of that process shall be shared equally
by the Parties.
Section 28. Attorney Fees. All fees and expenses for mediation or arbitration shall
be borne by the parties equally. However, each party shall bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of evidence. In any claim
or lawsuit for damages arising from the parties' performance of this Franchise, each party
shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim
or lawsuit, in addition to any other recovery or award provided by law; provided, however,
nothing in this paragraph shall be construed to limit either Party's right to indemnification
under Section 7 of this Franchise.
Section 29. Governing LawNenue. This Franchise shall be governed by the laws
of the State of Washington. Any suit to enforce or relating to this Franchise shall only be
filed in King County Superior Court, King County, Washington.
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62
Section 30. Entire Agreement. This Franchise constitutes the entire
understanding and agreement between the Parties as to the subject matter herein and
no other agreements or understandings, written or otherwise, shall be binding upon the
Parties upon execution and acceptance hereof.
Section 31. Amendment.
A. This Franchise may be amended only by written instrument, signed by both
Parties, which specifically states that it is an amendment to this Franchise, and is
approved and executed in accordance with the laws of the State of Washington. Without
limiting the generality of the foregoing, this Franchise (including, without limitation,
Section 7, "Indemnification," above) shall govern and supersede and shall not be
changed, modified, deleted, added to, supplemented or otherwise amended by any
permit, approval, license, agreement or other document required by or obtained from the
City in conjunction with the exercise (or failure to exercise) by the District of any and all
rights, benefits, privileges, obligations, or duties in and under this Franchise, unless such
permit, approval, license, agreement or document specifically:
1. References this Franchise; and
2. States that it supersedes this Franchise to the extent it contains terms and
conditions which change, modify, delete, add to, supplement or otherwise amend the
terms and conditions of this Franchise.
B. In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license, agreement or other
document that does not comply with Subsections A.1 and A.2 referenced above, the
provisions of this Franchise shall control.
Section 32. Directions to City Clerk. The City Clerk is hereby authorized and
directed to forward certified copies of this ordinance to the District as set forth in this
ordinance. The District shall have thirty (30) days from the receipt of the certified copy of
this ordinance to accept in writing the terms of the Franchise granted to the District by this
ordinance and file with the City Clerk the Statement of Acceptance, attached hereto as
Exhibit A and incorporated by reference.
Section 33. No Third -Party Beneficiaries. There are no third -party beneficiaries
of this Franchise.
Section 34. Survival. All of the provisions, conditions, and requirements of Section
7, Section 15, Section 18, Section 20, and Section 27 of this Franchise shall, in addition
to any and all other obligation and liabilities the District may have to the City at common
law, by statute, or by contract, survive this Franchise, and any renewals or extensions, to
the extent provided for in those sections.
Section 35. District Acceptance of Franchise. The District shall have no rights
under this Franchise nor shall the District be bound by the terms and conditions of this
Franchise unless the District shall, within thirty (30) days after the effective date of the
ordinance, file with the City its written acceptance of this Franchise.
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63
Section 36. Effective Date of Ordinance. This ordinance shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the
title.
Section 37. Effective Date of Franchise. The terms and conditions of this
ordinance shall not be binding on the City and the District unless the District Board of
Commissioners within thirty (30) days of the effective date of this ordinance adopts a
resolution accepting this Franchise, and the date of the adoption of such resolution by the
District Board of Commissioners shall be the effective date ("Effective Date") of the
Franchise.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A, Acceptance of Franchise form
Exhibit B, Depiction of City Corporate Boundaries
CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23
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64
Page 24 of 24
EXHIBIT A
ACCEPTANCE OF FRANCHISE
The undersigned authorized representative of Highline Water District hereby
declares on behalf of Highline Water District the acceptance of the nonexclusive franchise
to Highline Water District approved by the Tukwila City Council on , 2023, by
the adoption of Tukwila City Ordinance No.
DATED this day of , 2023.
Highline Water District
By:
Its:
65
EXHIBIT B
DEPICTION OF CITY CORPORATE BOUNDARIES
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68
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
2/27/23
DC
3/20/23
DC
4/10/23
DC
4/17/23
DC
ITEM INFORMATION
ITEM No.
4.C.
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 2/27/23
AGENDA ITEM TITLE Annexation Plan for the Puget Sound Regional Fire Authority
CATEGORY ® Discussion
Mtg Date 4/10/23
❑ Motion
Mtg Date
Resolution
Mtg Date 4/17/23
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Pc R ❑ Police [DPW
SPONSOR'S
SUMMARY
Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) an
Annexation Plan was to be created and approved by the PSRFA Governing Board and the
Tukwila City Council and then put to the voters for final approval. An Oversight
Committee, consisting of Councilmembers Kruller and Sharp, as well as PSRFA
Commissioners Barrie and Troutners, created this final plan for council approval.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑
LTAC
DATE: 4/10/23
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: Kruller
RECOMMENDATIONS:
SPONsoR/ADMIN. Oversight Committee
COMMITTEE Direct to Regular Meeting for discussion and approval
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/27/23
Forward for further discussion
3/20/23
4/10/23
4/17/23
MTG. DATE
ATTACHMENTS
2/27/23
Info memo re: Proposed Annexation Plan dated Feb 21, 2023
Oversight Committee Memos Feb 1, 2023 & Feb 13, 2023
Draft Annexation Plan
3/20/23
Info memo (updated Mar 13, 2023) and PSRFA Final Annexation Plan
4/10/23
Info memo dated 4/4/23
Resolutions
4/17/23
Final Resolutions
69
70
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
Committee of the Whole
FROM: David Cline, City Administrator
Rachel Bianchi, Deputy City Administrator
CC: Mayor Ekberg
DATE: Updated April 4, 2023
SUBJECT: PSRFA Annexation Plan — Final proposed by Oversight Committee
ISSUE
Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) adopted
by the City Council on October 6, 2022, an Annexation Plan to the PSRFA is to be created and
presented for approval by the Puget Sound Regional Fire Authority and the Tukwila City Council
and then sent to the Tukwila voters for approval. The Council selected Oversight Committee
members, Councilmembers Kruller and Sharp, have met three times and are providing an
update to the full Council and seeking input on the final plan, which is scheduled for final
adoption on April 5 by the PSRFA Board and then April 17 by the Tukwila City Council.
BACKGROUND
April 4, 2023 Update
As of this writing, the PSRFA Board is expected to adopt the plan on April 5, 2023. The Tukwila
City Council has two resolutions attached which are to 1) adopt the Annexation Plan and 2) to
place the Annexation Plan before the voters on August 1, 2023. These resolutions will be
discussed at the April 10, 2023 Committee of the Whole Meeting and up for Council deliberation
and potential action on April 17, 2023.
Staff is seeking direction from the Council on the following:
1. Does the Council agree with the Annexation Plan, adopted by the PSRFA Board on
April 5, 2023?
2. If yes to Question 1, does the Council wish to place the annexation before the voters on
August 1, 2023?
3. If yes to Question 2, does the resolution placing the annexation on the August ballot meet
the objectives of the Council?
If the Council provides direction to move forward, the Council will be tasked with providing King
County Elections with the names to form a "pro" and "con" committee for the Voter's Pamphlet.
Previously the City has put out a call to residents to seek volunteers for these committees, and
staff anticipates doing a similar process. The City will also provide factual information to the
community regarding the measure, but will not and cannot engage in advocacy or
electioneering.
March 13, 2023 Update
The Oversight Committee met on March 13, 2023 and reviewed the attached updated plan and
recommended approval to both the PSRFA Board and the Tukwila City Council. The last major
71
72
INFORMATIONAL MEMO
Page 2
issue was facility transfers and it was agreed that Station 54 would be a 15 -year lease. See the
actual language below as well as in the Annexation Plan on page 19 in section 7.c.1.iv.
As mentioned on February 27, 2023 there was also a discussion about moving to an annual
rotation of three specific position which will be in the updated bylaws once Tukwila becomes a
member. Specific draft language is as follows:
Chair, Vice Chair and Chair of Citizen's Advisory Group. - Bylaws
Upon annexation, the bylaws will be amended to create a 3 -year rotation (or more
specifically three separate positions, each having a one-year rotation) of the positions
above. As a result, in 2024, a Board Member from KCFD#37 would assume the role of
Chair, a Board Member from the city of Tukwila would assume the role of Vice -Chair,
and a Board Member from the city of Kent would lead the Citizen's advisory group.
The City Council approved a contract for services with PSRFA on October 6, 2022 as a step
towards full annexation. The Citizen's Advisory Committee on the Future of Fire/EMS Services
had recommended these actions in their final report provided to the Council in May 2022.
Per the Contract, a four -person Annexation Oversight Committee was created to draft this
Annexation Plan. These members include Tukwila City Councilmembers Kruller and Sharp, and
PSRFA Governing Board Members Barrie and Troutner. This Oversight Committee has met
twice (see attached memos) and another meeting is planned for February 27, 2023, prior to the
Committee of the Whole meeting. The Oversight Committee has been successful in crafting an
Annexation Plan that meets all parties needs and is seeking final input from the Tukwila City
Council before final approval of both governing boards.
Most of the issues for annexation have already been agreed to in the current Contract for
Services that went in place on January 1, 2023. The final issue still remaining is the transfer of
fire stations. This is discussed below and is expected to be finalized for by the February 27,
2023 Oversight Committee, and will be presented to the City Council that evening.
Key Issues of the Annexation Plan:
Governance (Section 5,B,1, p. 15): The directive to seek fair and equitable representation for
all participants guided the key language in the amended plan. The three "member" jurisdictions
will each have three voting seats.
As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members
consisting of three (3) current seated members from the City of Kent to be appointed by the
Kent City Council and three (3) current, seated King County Fire District 37 Board of
Commissioners members (3) current, seated members from the City of Tukwila to be appointed
by the Tukwila City Council and nonvoting advisory positions consisting of one for each
Contractual Jurisdiction as appointed by the governing body of such Jurisdiction.
Voting Members — Tukwila (3) Kent (3) KCFD37 (3)
Non-voting Advisory Members — SeaTac (1) KCFD43 (1) Covington (1)
Each "contract" jurisdiction will have one non-voting advisory seat each. The City of Covington
is annexed into King County Fire District #37 (KCFD37) and is represented by the three voting
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Adopting Annexation Plan and
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INFORMATIONAL MEMO
Page 3
seats of KCFD37. Maple Valley is King County Fire District #43 and is represented by a non-
voting advisory seat of KCFD43. SeaTac is a contract city and is represented by a non-voting
advisory seat.
Facilities (Section 7.C.1.a, p. 19) :
Facilities Updated on March 13, 2023: As discussed on February 27, 2023, there was an
agreement for a 50 -year lease for Fire Station 51 and transfer of ownership for Fire Stations 52
and 53. Due to this discussion, the PSRFA has agreed to a 15 -year lease for Fire Station 54.
The following is the agreed upon language for all four stations in section 7.c :
1. Transfers of Real Property.
a. The following real property owned by the City of Tukwila shall be
transferred in fee simple determinable subject to an automatic
reversionary interest, meaning Tukwila is conveying property "so
long as" certain conditions are met, to the RFA, or leased to the
RFA, as specified below:
i. Station 51: The City of Tukwila shall retain ownership of
the real property on which Station 51 is located and shall
lease Station 51 to the RFA for 50 -year terms at the rate
of $1 per year. As conditions of the lease, the RFA shall
assume 100% of the maintenance costs and shall use
Station 51 to deploy RFA response units, subject to any
other interests in the property.
ii. Station 52: City of Tukwila shall sell to the RFA for $1 and
shall retain an automatic reversionary interest in the event
this station is no longer used to deploy RFA response
units. Further, Tukwila shall retain the right to access and
use the following areas of Station 52: (a) the "212 EOC
Storage" closet; (b) the "210 Training Room" as the City's
backup Emergency Operations Center on a 24/7 basis and
at any time without notice in the event of an emergency
and until termination of the emergency event, and as a
public meeting space up to twenty (20) hours per calendar
week, provided RFA staff is on-site to facilitate such use;
and (c) the "213 HAM" closet for storage of ham radios and
related equipment.
iii. Station 53: City of Tukwila shall sell to the RFA for $1 and
shall retain an automatic reversionary interest in the event
this station is no longer used to deploy RFA response
units.
iv. Station 54: City of Tukwila shall retain ownership of the
real property on which Station 54 is located and shall lease
Station 54 to the RFA for a 15 -year term at the rate of $1
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Adopting Annexation Plan and
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INFORMATIONAL MEMO
Page 4
per year. As conditions of the lease, the RFA shall assume
100% of the maintenance costs and shall use Station 54
to deploy RFA response units. Before the end of year 10
(December 31, 2034), either Tukwila or the RFA shall
provide notice to the other party, indicating whether the
lease will expire December 31, 2039, or be renewed for an
additional term subject to conditions to be mutually
negotiated by the parties
Election Date (Section 3.B.1, p. 10): The current goal is to submit our proposition by May 12,
2023, for the Primary Election to be held on August 1, 2023. A voter approval of this proposition
will make this plan effective date on January 1, 2024. This would allow a year of transition to
ensure that the newly expanded PSF Board would be able to effectively allocate the fire benefit
charge and property tax for services beginning in January 2025. The City of Tukwila would still
be financially obligated under the contract for services in 2024. If the proposition fails, the
governing document for the RFA will be the current 2017 RFA Plan.
Proposed Schedule for Action by PSF Governing Board and Tukwila City Council: To
meet the May 12, 2023 deadline for submission for the August 1, 2023 Primary Election, the
following are suggested options. This proposes a 4 -step process:
la.Tukwila City Council Review of Proposed Annexation Plan — Feb 27 and March 20
1 b. PSRFA Board review of Proposed Annexation Plan — March 15
2. PSF Board Approval of Annexation Plan — April 5
3. Tukwila City Council Approval of Annexation Plan — April 17
4. Tukwila City Council Resolution Calling for Special Election — April 17
Table 1: Recommended Review and Approval of Annexation Plan with April date.
Tukwila COW
Review of
Proposed
Annexation Plan
PSRFA
Board
Review
Plan
PSRFA Board
Approval of
Resolution to
Amend Plan
Tukwila City
Council Approval
of Resolution to
Annex to PSRFA
Tukwila City
Council Resolution
Calling for Special
Election
Feb 27
March
15
March 20
April 5
April 17
April 17
DISCUSSION
Staff is seeking direction from the Council on the following:
1. Does the Council agree with the Annexation Plan, adopted by the PSRFA Board on
April 5, 2023?
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Adopting Annexation Plan and
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INFORMATIONAL MEMO
Page 5
2. If yes to Question 1, does the Council wish to place the annexation before the voters on
August 1, 2023?
3. If yes to Question 2, does the resolution placing the annexation on the August ballot
meet the objectives of the Council?
Discussion/Action Requested of the City Council:
1. Is Governance Acceptable? (Section 5)
3. Is Election Date and Effective Date Acceptable (Section 3)
'1. What is the preferred timeline for review and approval of all parties? (see Table 1)
5. Are there any outstanding items for future action?
FINANCIAL IMPACT
If annexation is successful, the operating and capital costs for fire services will become the
responsibility of the Puget Sound Regional Fire Authority, which the City would be on the
governing board. The City would retain costs associated with other services, especially the
contract for Fire Marshal services.
RECOMMENDATION
Discussion only provide input to the Oversight Committee members for final annexation plan.
The Committee is being asked to move this item forward to the Committee of the Whole
meeting later this evening for consideration of adoption at the April 17, 2023 Council meeting.
ATTACHMENTS
1 — Resolution adopting the Amended PSRFA Plan
2 — Resolution calling for a ballot measure re Annexation
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2023/InfoMemo re Adopting Annexation Plan and
Special Ballot Election 4-4-2023 DRAFT.docx
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING THE ANNEXATION
OF THE CITY INTO THE PUGET SOUND REGIONAL FIRE
AUTHORITY AND APPROVING THE AMENDMENTS TO THE
2023 PUGET SOUND REGIONAL FIRE AUTHORITY PLAN.
WHEREAS, the City of Tukwila ("the City") in October 2021, appointed the "Future of
Fire/EMS Community Advisory Committee" and tasked it with recommending how fire and
emergency medical services ("EMS") should be provided in Tukwila in the future; and
WHEREAS, in May 2022, the Future of Fire/EMS Community Advisory Committee
submitted its final report and recommended annexation into the Puget Sound Regional Fire
Authority ("PSRFA"), or a short-term contract that would lead to annexation, due to the
sustainability of funding, quality of services, and total costs to residents and businesses; and
WHEREAS, in October 2022, the City and the PSRFA entered into an Interlocal
Agreement for consolidation of fire and emergency medical services to be effective January
1, 2023; and
WHEREAS, the City and the PSRFA share a contiguous border with the City of Kent,
which is part of the PSRFA, along the City's southeast boundary and with the City of SeaTac,
which is also part of the PSRFA, along the City's southwest boundary; and
WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and
WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate
in a regional fire services authority commonly known as a regional fire authority or "RFA"; and
WHEREAS, both the City and the PSRFA are interested in pursuing the potential
operational efficiencies and cost savings as a result of the City annexing into the PSRFA; and
WHEREAS, both the City and the PSRFA believe that the public health and safety of the
people they serve will benefit from the City's annexation into the PSRFA; and
WHEREAS, on December 5, 2022, the City Council adopted Resolution No. 2060
expressing intent to annex into the PSRFA subject to voter approval consistent with the
provisions of RCW 52.26.300(3); and
CC:\Legislative Development\Approving Annexation to PSRFA and Plan 3-29-23
Cheryl Thompson: Review by Andy Youn
Page 1 of 2
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WHEREAS, in February 2023, the Annexation Oversight Group, comprised of two
PSRFA Governing Board members and two Tukwila City Councilmembers, began meeting
to draft an amendment to the 2016 RFA Plan to provide for annexation of the City of Tukwila
into the PSRFA; and
WHEREAS, on April 5, 2023, the Governing Board of the PSRFA adopted amendments
to its 2016 RFA Plan (said amendments to be referred to hereinafter as the "2023 Puget
Sound Regional Fire Authority Plan") to contain provisions authorizing annexation of the City
of Tukwila for the provision of fire and emergency medical services, subject to voter approval;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to RCW 52.26.300(3), the City Council approves the 2023 Puget
Sound Regional Fire Authority Plan, containing provisions for annexation of the City of
Tukwila into the PSRFA and attached hereto this resolution as Exhibit A, subject to approval
by Tukwila voters.
Section 2. Pursuant to RCW 52.26.300(3), the City Council approves annexation into the
PSRFA, subject to approval by Tukwila voters.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A, "2023 Puget Sound Regional Fire Authority Plan"
CC:\Legislative Development\Approving Annexation to PSRFA and Plan 3-29-23
Cheryl Thompson: Review by Andy Youn
78
Page 2 of 2
Exhibit A
2023
PUGET SOUND REGIONAL FIRE AUTHORITY
PLAN
Serving the cities of Covington, Kent,
Maple Valley, SeaTac and Tukwila,
and King County Fire Districts Nos. 37 and 43
Effective Date: January 1, 2024
79
TABLE OF CONTENTS
Page
Organizational Information 3
Section 1: Needs Statement 7
Section 2: Definitions 8
Section 3: Formation Authority 10
Section 4: Jurisdictional Boundaries 11
Section 5: Governance 14
Section 6: Organizational Structure/Operations 16
Section 7: Financial 17
Section 8: Fire Prevention, Public Education Services, Emergency
Management and Fire Investigation Unit 21
Appendix A — Jurisdictional Boundaries 24
Appendix B — Organizational Structure 26
80
HISTORY
In 2010, the voters of the City of Kent and King County Fire Protection District No. 37 approved the formation
of the Kent Fire Department Regional Fire Authority, effective July 1, 2010.
On January 1, 2014, the Kent Fire Department RFA contractually consolidated with the City of SeaTac Fire
Department pursuant to an interlocal agreement, and the City of SeaTac filled a non-voting advisory position
on the Governing Board pursuant to a 2014 Plan Amendment.
In 2016, the Governing Board approved the renaming of the Kent Fire Department Regional Fire Authority
to Puget Sound Regional Fire Authority pursuant to a 2016 Plan Amendment.
On July 1, 2018, Puget Sound Regional Fire Authority contractually consolidated with Maple Valley Fire and
Rescue (King County Fire Protection District No. 43) pursuant to an interlocal agreement and Maple Valley
Fire and Rescue filled a non-voting advisory position on the Governing Board.
On January 1, 2023, Puget Sound Fire contractually consolidated with the City of Tukwila Fire Department
pursuant to an interlocal agreement, and the City of Tukwila filled a non-voting advisory position on the
Governing Board.
Copies of the original RFA Plan and the 2014 and 2016 amendments are retained in the Puget Sound Fire
Administrative Offices.
On April 5, 2023, Puget Sound Regional Fire Authority Governing Board approved an amendment of the
2016 RFA Plan ("2023 Puget Sound Regional Fire Authority Plan") to submit to the voters of the City of
Tukwila as part of the process of annexing the City of Tukwila as a participating jurisdiction into the Puget
Sound Regional Fire Authority. On August 1, 2023, the City of Tukwila voters approved the amended RFA
Plan, and the City of Tukwila was formally annexed into the RFA on January 1, 2024.
3 � 81
PURPOSE
Professionally and Compassionately Helping People
VISION
To be a trusted resource for building safe and healthy communities.
MISSION
To provide effective and sustainable services that meet the needs of a changing community with the
resources entrusted to us.
VALUES
Integrity. We believe in holding ourselves accountable for our actions and living our shared values.
Innovation. We believe in continuous improvement through collaboration.
Inclusion. We believe in the strength diversity brings to our organization and communities.
Service. We believe in exceeding the needs of our communities through exceptional customer service and
leadership.
82 ( 4 1
OVERSIGHT
Puget Sound Fire is governed by the Puget Sound Fire Governance Board. The Governance Board is
comprised of nine voting members and three non-voting members. Of the voting members, three are
appointed from the Kent City Council, three from the Tukwila City Council, and three from the Board of
Commissioners for Fire District No. 37. Of the non-voting members, one is from the Covington City Council,
one is from the SeaTac City Council, and one is from the King County Fire District No. 43 Board of
Commissioners.
The Puget Sound Fire Governance Board has the responsibility to oversee budget and policy decisions and
to ensure that Puget Sound Fire is successful in its mission of protecting our communities.
FUNDING
Puget Sound Fire uses a voter -approved, two-part funding method comprised of property taxes and a fire
benefit charge (FBC) to fund its operations. The FBC is a fee that is based on the benefit of having emergency
services. It is not a per call charge and is not based on property value.
The property tax/FBC model provides a stable funding method that results in predictable revenues. Adding
a FBC alongside property taxes as part of the funding system allows Puget Sound Fire to equitably distribute
the cost, meaning that higher risk properties pay more for the benefit of fire -related and emergency services
and lower risk properties pay less.
SERVICES AND STAFFING
As an internationally accredited regional fire authority, Puget Sound Fire employs over 400 people, and 17
fire stations are staffed 24 hours a day, 365 days a year by full-time, career firefighters. Advanced Life
Support (Paramedic) services are provided through the King County Medic One program.
The broad range of emergency response services that we provide to our residents from our 17 fire stations
throughout our response areas include:
• Emergency Medical Services
• Fire Suppression
• Hazardous Materials
• Water Rescue
• Technical Rescue, and
• Wildland Urban Interface
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Additionally, Puget Sound Fire also provides non -emergency services to our residents including:
• Emergency Management
• Fire Prevention
• Public Education and FDCARES
Our support divisions include:
• Community Relations
• Finance
• Human Resources
• Strategic Resource Management
• Business and Information Technology Services
• Logistics
• Fire Garage, and
• Facilities Maintenance
84 ( 6 1
PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 1: Needs Statement
Adopted: 06-03-09 Revised: 01-01-24
1. The ability to respond to emergency situations by fire protection and emergency medical
services jurisdictions has not kept up or progressed with the community's needs and special
service demands;
2. Providing a fire protection and emergency medical service system requires a collaborative
partnership and responsibility among local and regional governments and the private sector;
3. There are efficiencies to be gained by regional fire protection and emergency medical service
delivery, while maintaining local control; and
4. Timely development of significant projects can best be achieved through enhanced funding
options for regional fire protection, emergency services, specialized rescue, hazardous material
mitigation, using existing taxing authority to address fire protection and emergency service
needs, with new authority to address critical fire protection projects and emergency services.
5. Puget Sound Regional Fire Authority is capable of providing regional services to its contractual
partners and participating jurisdictions.
RFA Plan Revision:
The NEEDS STATEMENT section of the Puget Sound RFA Plan is subject to amendment by a
majority vote of the RFA Governance Board after the Effective Date.
7 � 85
PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 2: Definitions
Adopted: 06-03-09 Revised: 01-01-24
The definitions in this section apply throughout the Regional Fire Protection Service Plan, unless the
context clearly requires otherwise.
1. "Board" or "Governing Board": Means the governing body of a regional fire protection
services authority.
2. "Participating Jurisdictions": Means the City of Kent, King County Fire Protection District No.
37 and the City of Tukwila.
3. "Contractual Jurisdictions": Means the City of SeaTac, Maple Valley Fire and Rescue and any
future municipal corporations that enter into Interlocal Full Consolidation Agreements with
Puget Sound Regional Fire Authority.
4. "Regional Fire Authority," "Puget Sound Regional Fire Authority" "Puget Sound RFA"
"RFA": Means a municipal corporation, an independent taxing authority within the meaning of
Article VII, Section 1, of the Washington State Constitution, and a taxing district within the
meaning of Article VII, Section 2, of the Washington State Constitution, whose boundaries are
coextensive with the City of Kent, King County Fire Protection District No. 37 and the City of
Tukwila that has been created by a vote of the people under Revised Code of Washington
chapter 52.26 to implement a Regional Fire Authority Plan and by a vote of the City of Tukwila
voters to approve annexation of the City of Tukwila into the RFA pursuant to RCW 52.26.300.
5. "Regional Fire Authority Plan," "RFA Plan," "Puget Sound RFA Plan" or "Plan": Means a
plan to develop, govern and finance a Regional Fire Authority, including, but not limited to,
specific capital projects, fire prevention services, fire suppression services, emergency
medical services, and services for the protection of life and property pursuant to RCW
52.26.040, and the preservation and maintenance of existing or future facilities and services.
6. "2023 Puget Sound Regional Fire Authority Plan" or "2023 RFA Plan": Means the 2017 RFA
Plan as amended by the RFA Governing Board and approved by the City of Tukwila voters.
7. "Effective Date": Means the effective date of the 2023 RFA Plan on January 1, 2024.
86 ( 8
RFA Plan Revision:
The DEFINITIONS section of the Puget Sound RFA Plan is subject to amendment by a majority
vote of the RFA Governance Board after the Effective Date.
9 ) 87
88
PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 3: Formation Authority
Adopted: 06-03-09 Revised: 01-01-24
A. Reference:
1. Puget Sound Regional Fire Authority was created pursuant to law when the voters of the City of
Kent and King County Fire Protection District No. 37 approved the original RFA Plan at a special
election on April 27, 2010 as authorized by Chapter 52.26 RCW.
2. The authority to annex additional Participating Jurisdictions into the RFA requires approval of
an RFA Plan amendment by both the RFA Governing Board and the voters of the annexing
Participating Jurisdiction pursuant to RCW 52.26.300.
B. Activity and Operation:
1. If approved by the voters of the City of Tukwila at an election on August 1, 2023, this 2023 RFA
Plan shall become effective on the Effective Date of January 1, 2024. If the 2023 RFA Plan is not
approved by Tukwila voters, then this 2023 RFA Plan Amendment shall not be adopted, and the
existing 2017 Puget Sound Regional Fire Department Plan shall remain as the RFA Plan.
2. Upon voter approval of the 2023 RFA Plan, the City of Kent, the City of Tukwila and King County
Fire District No. 37 shall continue to exist as separate and independent Washington State
municipal corporations. The exclusive purpose of the continued existence of King County Fire
District No. 37 shall be to provide representation to the RFA Governance Board.
3. At such time as King County Fire District 37 no longer provides revenues or representatives to
the governance board, it may be dissolved in accordance with RCW 52.26.120.
RFA Plan Revision:
The FORMATION AUTHORITY section of the Puget Sound RFA Plan is subject to amendment only
by a revised Puget Sound Regional Fire Authority Plan being re -submitted to the electorate for
approval.
f'^1
PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 4: Jurisdictional Boundaries
Adopted: 07-15-09 Revised: 01-01-24
A. Reference:
1. The authority to define the jurisdictional boundaries of the Puget Sound Fire Authority is
provided by RCW 52.26.020(2).
B. Jurisdictional Boundaries on Effective Date of the 2023 RFA Plan:
1. If the 2023 RFA Plan is approved by Tukwila voters, the jurisdictional boundaries of Puget Sound
Regional Fire Authority shall be the current legal boundaries of the Participating Jurisdictions,
which boundaries are currently contiguous and are depicted on the map attached hereto and
marked as Appendix "A" of this 2023 RFA Plan.
C. Changes in Jurisdictional Boundaries:
1. Boundary Changes that do not require a RFA Plan amendment.
a. City of Kent or City of Tukwila annexations of areas included within the
boundaries of King County Fire Protection District No. 37. Such annexations
will not affect the RFA since the areas will already be within the RFA boundaries.
Pursuant to RCW 52.26.290, there will be no required asset or employee transfers
between the fire district and the affected city.
b. City of Kent or City of Tukwila annexations of areas not included within King
County Fire Protection District No. 37. On the effective date of such annexation,
the territory annexed shall automatically be included within the boundaries of the
RFA pursuant to RCW 52.26.090. The territory added to the RFA by such annexation
shall be subject to the taxation, charges, and bonded indebtedness (if approved as
part of the annexation process) of the RFA. Any transfer of assets or employees that
occurs as a result of annexation shall be between the transferring entity and the RFA.
c. King County Fire Protection District No. 37 annexations of areas outside the
boundaries of the RFA. On the effective date of such annexation, the territory
annexed shall automatically be included within the boundaries of the RFA pursuant
89
to RCW 52.26.090. The territory added to the RFA by such annexation shall be
subject to the taxation, charges, and bonded indebtedness (if approved as part of
the annexation process) of the RFA.
d. Partial merger of an area located in an adjacent fire protection district into
King County Fire Protection District No. 37. On the effective date of such partial
merger, the territory merged into King County Fire Protection District No. 37 shall
automatically be included within the boundaries of the RFA. The territory added to
the RFA by such partial merger shall be subject to the taxation, charges, and bonded
indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Any transfer
of assets or employees as a result of a partial merger shall be between the merging
district and the RFA.
e. Merger of an adjacent fire protection district into King County Fire Protection
District No. 37. On the effective date of such merger, the territory merged into King
County Fire Protection District No. 37 shall automatically be included within the
boundaries of the RFA. The territory added to the RFA by such merger shall be
subject to the taxation, charges, and bonded indebtedness of the RFA in the manner
specified in chapter 52.06 RCW. Pursuant to RCW 52.06.085, the merger will result
in an increase in the size of the governing board of King County Fire Protection
District No. 37. Such increase shall not, however, alter the Governance Plan and the
RFA governing board shall still have 3 representatives from the Fire District. Any
transfer of assets or employees as a result of a merger shall be between the merging
district and the RFA.
f. Full or partial merger of King County Fire Protection District 37 into an
adjacent fire protection district. On the effective date of such merger, the areas
within King County Fire Protection District No. 37 that are merged into the adjacent
fire protection district shall be removed from the jurisdictional boundaries of the
RFA. In this situation, the RFA shall not be obligated to transfer employees or assets
of the RFA, and the adjacent fire protection district shall be restricted to assets and
employees of the fire district, if any.
g.
Annexation of a portion of King County Fire Protection District 37 by a City
that is not a participating jurisdiction in the RFA. On the effective date of such
annexation, the territory annexed shall automatically be removed from the
boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer
employees or assets of the RFA, and the annexing city shall be restricted solely to
assets and employees of the fire district, if any.
h. Annexation of areas by the City of Covington. Provided that the City of
Covington remains annexed into King County Fire Protection District No. 37, on the
effective date of any such annexation, the territory annexed shall automatically be
included within the boundaries of the RFA pursuant to RCW 52.26.090 and RCW
52.04.091. The territory added to the RFA by such annexation shall be subject to
90 ( 12
the taxation, charges, and bonded indebtedness (if approved as part of the
annexation process) of the RFA. Any transfer of assets or employees that occurs as
a result of such annexation shall be between the transferring entity and the RFA.
2. Boundary Changes that require a RFA Plan amendment.
The addition of another entity as a participating jurisdiction in the RFA shall require a voter
approved amendment to the RFA Plan.
RFA Plan Revision:
Except as provided in paragraph C.2 of this section, the JURISDICTIONAL BOUNDARIES section of
the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance
Board after the Effective Date.
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PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 5: Governance
Adopted: 07-15-09 Revised: 01-01-24
Governance and Representation
A. Reference:
1. The authority to provide governance for the Regional Fire Authority is provided by RCW
52.26.080 and RCW 52.26.090.
B. Governing Board Structure and Operation:
1. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members
consisting of three (3) current seated members from the City of Kent to be appointed by the
Kent City Council and three (3) current, seated King County Fire District 37 Board of
Commissioners members (3) current, seated members from the City of Tukwila to be appointed
by the Tukwila City Council and nonvoting advisory positions consisting of one for each
Contractual Jurisdiction as appointed by the governing body of such Jurisdiction.
2. The RFA Governing Board shall adopt governance policies and rules for conducting business for
the RFA in accordance with RCW 52.26.080.
3. The RFA Governing Board shall adopt by-laws to govern RFA affairs in accordance with RCW
52.26.080.
4. The RFA Governing Board shall have all the power and authority granted governing boards under
Washington State law and shall include the power and authority to make any decisions
appropriate for the RFA and for matters related to Title 52 RCW.
5. Members of the Governing Board will receive compensation in the same manner and under the
same conditions as provided by law for commissioners of a fire protection district organized
under Title 52 RCW.
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RFA Plan Revision:
The GOVERNANCE section of the Puget Sound RFA Plan is subject to amendment by a majority
vote of the RFA Governance Board after the Effective Date.
15 ) 93
94
PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 6: Organizational Structure/Operations
Adopted: 11-04-09 Revised: 01-01-24
A. Reference:
1. The authority for the RFA to establish an Organizational Structure is provided in RCW
52.26.040.
B. Activity/Operation:
1. The RFA shall be organized and managed, with leadership provided as show in Appendix
"B" of the RFA Plan.
2. The RFA Administrative, Operations and Prevention Division shall be organized, and a
chain of command be established in accordance with the organizational structure
provided in Appendix "B" of the RFA Plan.
3. The Governing Board for the RFA shall be referred to as the Regional Fire Authority
Governing Board, as identified in Appendix "B" of the RFA Plan.
4. Current staffing models, standards of coverage, deployment standards, field operations,
command staffing, and operational policies and procedures shall continue at the current
level of service on the Effective Date.
5. Puget Sound Fire will operate pursuant to its adopted Standards of Coverage, which
defines services, levels of service, standards of coverage, development standards and
customer expectations of the RFA.
RFA Plan Revision:
The ORGANIZATIONAL STRUCTURE/OPERATIONS section of the Puget Sound RFA Plan is
subject to amendment by a majority vote of the RFA Governance Board after the Effective Date.
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PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 7: Financial
Adopted: 11-04-09 Revised: 01-01-24
A. Reference:
1. The authority to provide funding and levy taxes for the RFA is provided by RCW
52.26.050, RCW 52.26.120, RCW 52.26.140 - .180, RCW 52.30.020, chapter 84.52 RCW
and chapter 84.55 RCW.
2. The authority and mechanism for the collection of taxes and the benefit service charge
shall be in accordance with RCW 52.26.170, RCW 52.26.200 - .270
B. Revenues/Funding:
1. Pursuant to the original approved RFA Plan, funding for the RFA is based on a property
tax not to exceed $1.00 per thousand of taxable assessed value and a benefit service
charge on all improved properties within the RFA service area based upon the general
formula and methodology set annually by the RFA Governing Board.
2. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW
52.26.300, the initial property tax levy rate shall be calculated pursuant to the rule
established under WAC 458-19-035.
3. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW
52.26.300, the benefit charge shall be applied within the boundaries of the Participating
Jurisdiction based on the currently adopted Puget Sound Regional Fire Authority benefit
charge formula on file with the Puget Sound Regional Fire Authority.
4. The initial tax levy and benefit charge in the Participating Jurisdiction shall occur in the
year of formation provided the effective date of the annexation occurs prior to August
1, pursuant to RCW 84.09.030. If the effective date occurs after such date, the initial
property tax levy and benefit charge shall not be made within the boundaries of the
Participating Jurisdiction until the year following the Effective Date and the Participating
Jurisdiction shall continue to pay for services for the first year of annexation in the
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manner established by agreement between Puget Sound Regional Fire Authority and
the Participating Jurisdiction.
5. To the extent permitted by law, the RFA shall contract with agencies and entities exempt
from property taxes in accordance with RCW 52.30.020 and related statutes.
6. The Governing Board shall have the authority to pursue all additional revenue sources
authorized by law including but not limited to revenue sources specifically identified in
Title 52 RCW that are not otherwise addressed in chapter 52.26 RCW.
7. The RFA shall pay all costs of continued operation of King County Fire Protection District
No. 37 subsequent to the formation of the RFA
C. Financial Assets Transferred:
1. Transfers of Real Property.
a. The following real property owned by the City of Tukwila shall be transferred in
fee simple determinable subject to an automatic reversionary interest, meaning
Tukwila is conveying property "so long as" certain conditions are met, to the RFA,
or leased to the RFA, as specified below:
i. Station 51: The City of Tukwila shall retain ownership of the real
property on which Station 51 is located and shall lease Station 51 to the
RFA for 50 -year terms at the rate of $1 per year. As conditions of the
lease, the RFA shall assume 100% of the maintenance costs and shall
use Station 51 to deploy RFA response units, subject to any other
interests in the property.
ii. Station 52: City of Tukwila shall sell to the RFA for $1 and shall retain an
automatic reversionary interest in the event this station is no longer
used to deploy RFA response units. Further, Tukwila shall retain the right
to access and use the following areas of Station 52: (a) the "212 EOC
Storage" closet; (b) the "210 Training Room" as the City's backup
Emergency Operations Center on a 24/7 basis and at any time without
notice in the event of an emergency and until termination of the
emergency event, and as a public meeting space up to twenty (20) hours
per calendar week, provided RFA staff is on-site to facilitate such use;
and (c) the "213 HAM" closet for storage of ham radios and related
equipment.
iii. Station 53: City of Tukwila shall sell to the RFA for $1 and shall retain an
automatic reversionary interest in the event this station is no longer
used to deploy RFA response units.
iv. Station 54: City of Tukwila shall retain ownership of the real property
on which Station 54 is located and shall lease Station 54 to the RFA for
a 15 -year term at the rate of $1 per year. As conditions of the lease, the
RFA shall assume 100% of the maintenance costs and shall use Station
54 to deploy RFA response units. Before the end of year 10 (December
31, 2034), either Tukwila or the RFA shall provide notice to the other
party, indicating whether the lease will expire December 31, 2039, or be
renewed for an additional term subject to conditions to be mutually
negotiated by the parties.
2. Transfers of Personal Property.
a. The City of Tukwila transferred its fire department related personal property to
the RFA by separate interlocal agreement and no additional transfers of City
personal property are required.
D. Liabilities:
1. On the date of formation, the RFA shall assume the following liabilities of the City of
Tukwila.
a. Routine, regular maintenance, major repairs, capital improvements, and utilities
costs consistent with Section 5 of the separate interlocal agreement.
2. The City of Tukwila shall retain the following liabilities:
a. The City of Tukwila will keep the liability for retired and active LEOFF 1 Tukwila
Fire Department FTE's to include medical and long term care insurance
payments and any other expenses incurred by the Tukwila Fire Department
LEOFF 1 personnel in accordance with the City of Tukwila LEOFF 1 Policies and
Procedures consistent with Section 6.4 of the separate interlocal agreement.
b. The City of Tukwila shall remain responsible for all outstanding debt related to
the construction and improvement of Fire Stations 51 and 52 transferred under
Section 7.C.1.a.i and ii of this Plan.
c. The City retains the obligations established in the City of Tukwila and IAFF Local
2088 Collective Bargaining Agreement (CBA) Memorandum of Understanding
(MOU) concerning the Retirement Management Plan (RMP) for participants that
retired prior to January 1, 2023, consistent with Section 6.5 and Exhibit K of the
separate interlocal agreement.
d. The City shall indemnify, defend, and hold the RFA harmless from any and all
demands, claims, or actions by former City Personnel, which arise out of, or
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relate to, the City Personnel's employment prior to January 1, 2023, consistent
with Section 6.6 of the separate interlocal agreement.
RFA Plan Revision:
Subject to any statutory requirements for voter approval, the FUNDING section of the Puget Sound
RFA Plan, including the benefit charge funding formula and methodology, is subject to amendment
by a majority vote of the RFA Governance Board after the Effective Date.
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PUGET SOUND
REGIONAL FIRE AUTHORITY (RFA)
PLAN
Section 8: Fire Prevention, Public Education Services,
Emergency Management and Fire Investigation Unit
Adopted: 11-04-09 Revised: 01-01-24
A. Reference:
1. The authority for the RFA to establish and provide Fire Prevention, Public Education, Emergency
Management and Fire Investigation components is provided in RCW 52.26.040, RCW
52.26.090(2), RCW 52.12.031 (3), (6) and (7) and chapter 39.34 RCW.
B. Activity/Operation:
1. SERVICE PROVIDERS FOLLOWING 2023 RFA PLAN EFFECTIVE DATE:
1.1. FIRE PREVENTION SERVICES
a. On the effective date of the 2023 RFA Plan, Fire Prevention Services within the
boundaries of the RFA shall be provided as follows:
Within the City Kent. The RFA will provide Fire Prevention Services to the City of
Kent pursuant to an interlocal agreement.
(ii). Within the City of Covington. The RFA will provide Fire Prevention Services to
the City of Covington pursuant to an interlocal agreement.
(iii). Within the City Tukwila. The RFA will provide Fire Prevention Services to the City
of Tukwila pursuant to an interlocal agreement.
(iv). Within unincorporated King County. King County shall provide Fire Prevention
Services, unless the RFA enters into an interlocal with King County to provide
such services.
(v). The RFA may contract to provide such services to Contractual Jurisdictions and
other entities as determined by the Governing Board.
( 21 )
99
1.2. FIRE INVESTIGATION SERVICES:
a. On the effective date of the 2023 RFA Plan, Fire Investigation Services within the
boundaries of the RFA shall be provided as follows:
Within the City Kent. The RFA will provide Fire Investigation Services to the City
of Kent pursuant to an interlocal agreement.
(ii). Within the City of Covington. The RFA will provide Fire Investigation Services to
the City of Covington pursuant to an interlocal agreement.
(iii). Within the City Tukwila. The RFA will provide Fire Investigation Services to the
City of Tukwila pursuant to an interlocal agreement.
(iv). Within unincorporated King County. King County shall provide Fire Investigation
Services unless the RFA enters into an interlocal with King County to provide
such services.
(v). The RFA may contract to provide such services to Contractual Jurisdictions and
other entities as determined by the Governing Board.
1.3. EMERGENCY MANAGEMENT SERVICES.
a. On the effective date of the 2023 RFA Plan, Emergency Management Services within
the boundaries of the RFA shall be provided as follows:
Within the City Kent. The RFA will provide Emergency Management Services to
the City of Kent pursuant to an inter -local agreement.
(ii). Within the City of Covington. Covington shall remain the provider of Emergency
Management Services.
(iii). Within the City Tukwila. Tukwila shall remain the provider of Emergency
Management Services.
(iv). Within unincorporated King County. King County shall remain the provider of
Emergency Management Services.
(v). The RFA may contract to provide such services to Contractual Jurisdictions and
other entities as determined by the Governing Board.
1.4. PUBLIC EDUCATION SERVICES.
a. On the effective date of the creation of the RFA, the RFA shall provide Public
Education Services throughout the jurisdiction of the RFA.
100 ( 22
b. The RFA may contract to provide such services to Contractual Jurisdictions and other
entities as determined by the Governing Board.
2. PROVISION OF SERVICES.
a. The RFA Fire Prevention and Emergency Management Divisions shall be organized
as provided in Appendix B of this RFA Plan.
b. The City of Kent shall designate the Chief and Fire Marshal of the RFA as the Chief
and Fire Marshal of the City of Kent.
c. The City of Covington shall designate the Chief and Fire Marshal of the RFA as the
Chief and Fire Marshal of the City of Covington.
d. The City of Tukwila shall designate the Chief and Fire Marshal of the RFA as the Chief
and Fire Marshal of the City of Tukwila.
e. The City of Kent, the City of Covington and the City of Tukwila shall retain code
enforcement authority in accordance with Washington State Law within their
respective jurisdictions and, except as provided in the interlocal agreements, shall
provide the necessary legal and police support for enforcement of code
enforcement issues.
f. The City of Kent, the City of Covington and the City of Tukwila shall retain fire
investigation authority in accordance with Washington State Law within their
respective jurisdictions and, except as provided in the interlocal agreements, shall
provide the necessary legal and police support for enforcement of fire investigation
issues.
g.
The City of Kent, the City of Covington and the City of Tukwila shall retain emergency
management authority in accordance with Washington State Law and, except as
provided in the interlocal agreements, shall provide legal and police support as
needed to provide emergency management services.
RFA Plan Revision:
The FIRE PREVENTION, EMERGENCY MANAGEMENT, PUBLIC EDUCATION AND FIRE
INVESTIGATION UNIT section of the Puget Sound RFA Plan is subject to amendment by a majority
vote of the RFA Governance Board after the Effective Date.
( 33 1
101
inreprtty. • psr S"ation
nnouauon. pSF 'Service Area
incl union
Service.
APPENDIX A
Jurisdictional Boundaries
PUGET SOUND REGIONAL FIRE AIJTHCIPITY
Service Area
UninCQ4!pQrrl ed CQUnly'
I k3" i,..
Maple
Valley**
Fd
�r rra I4
2 Miles
r a r
102
GWrs R. vat's. Lam 63
Kevtem
01.11 CROMII soOsa
• South King
County Fire
Training
Consortium
•
APPENDIX B
Organizational Structure
RFA Organizational Chart Overview
Updated: 0310612023
Aaron Tyerman
CRR Deputy
Chief
•
• Emergency
Management
• Fire Prevention
• Public Education
• Community
Relations
• FD CARES
Brian Carson
Fire Chief
Mark Jones
Fleet/Facilities
Deputy Chief
• Facilities
• Fire Garage
Consortium
(. Executive Assistant )
Dan Conroy
Assistant Chief of
Operations
Sean Penwell
Strategic Resource
Management Deputy
Chief
• Information
Technology
• Logistics
• Performance
Measurement
Lavine Brennecke
Fnance Diredar
. Finance
Pat Ellis
Crisis Intervention
Coordinator/Chaplain
. Assistant and
Volunteer Chaplains
•
District Chief
A Shift
Battalion Chief
A Shift (3)
ICaptains (20)
Engineers/
Frefrghters (48)
District Chief
D Shift
Battalion Chief
B Shin (3)
Captains (20)
Engineers/
Firefighters (48)
District Chief
C Shift
Battalion Chief
C Shift (3)
Captains (20)
Engineers'
Firefighters (48)
District Chief
D Shift
Battalion Chief
D Shift (3)
Captains (20)
Engineers/
Firefighters (48)
Jimmy Webb
Training Division
Deputy Chief
Ken Goll
Investigations
Captain
1 . Fire Investigators
25 ) 103
104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CALLING FOR KING COUNTY
ELECTIONS TO PLACE A PROPOSITION ON THE PRIMARY
ELECTION BALLOT ON AUGUST 1, 2023, CONCERNING
ANNEXATION OF THE CITY OF TUKWILA INTO THE
PUGET SOUND REGIONAL FIRE AUTHORITY TO
MAINTAIN CURRENT FIRE AND EMS SERVICE LEVELS.
WHEREAS, the City has a long history of providing professional and responsive fire and
emergency medical services ("EMS") since the Tukwila Fire Department was formed in 1969;
and
WHEREAS, the City desires to continue providing sustainable fire and EMS services and
has explored available options for fire and EMS services since 2010; and
WHEREAS, the City Council in October 2021, appointed the "Future of Fire/EMS
Community Advisory Committee" and tasked it with recommending how fire/EMS services
should be provided in Tukwila in the future; and
WHEREAS, in May 2022, the Future of Fire/EMS Community Advisory Committee
submitted its final report and recommended annexation into the Puget Sound Regional Fire
Authority ("PSRFA"), or a short-term contract that would lead to annexation, due to the
sustainability of funding, quality of services, and total costs to residents and businesses; and
WHEREAS, the City Council in June 2022, reviewed the final report from the Advisory
Committee, agreed on the recommendations, and directed staff to enter into contract
negotiations for a short-term contract that would lead to annexation with the PSRFA; and
WHEREAS, the City Council in October 2022, approved an Interlocal Agreement with
PSRFA beginning in January 2023 that would lead to annexation and included enhanced
services for the Tukwila Community; and
WHEREAS, the City Council in November 2022, adopted the 2023-2024 biennial budget
that included direction to initiate a long-term fiscal sustainability planning effort, including an
advisory committee of residents and stakeholders to be completed by the Second Quarter of
2024 to provide long-term fiscal solutions to inform the 2025-2026 biennial budget; and
CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23
Kari Sand: Review by Andy Youn
Page 1 of 3
105
WHEREAS, RCW 52.26.300 sets forth the procedure for elections concerning the
annexation of a city into a regional fire protection service authority; and
WHEREAS, on December 5, 2022, the Tukwila City Council adopted Resolution No.
2060, expressing intent to annex into PSRFA subject to voter approval consistent with the
provisions of RCW 52.26.300(3); and
WHEREAS, the City Council appointed two of its members to serve on the Annexation
Plan Oversight Committee which worked from January to March 2023 to create an
Annexation Plan that met the needs of both the City and the PSRFA; and
WHEREAS, on April 5, 2023, the Governing Board of PSRFA adopted Resolution No.
196, amending its Regional Fire Authority ("RFA") Plan to provide for the annexation of the
City of Tukwila into the RFA subject to the approval by the voters of the City of Tukwila
pursuant to RCW 52.26.300(3); and
WHEREAS, the Tukwila City Council finds that it benefits the public health and safety
and it is in the City's best interest to approve annexation of the City of Tukwila to be part of
the PSRFA, effective January 1, 2024, and approve the RFA Plan amendments as required
by RCW 52.26.300(3); and
WHEREAS, notification of intent to annex is being transmitted to King County Elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to RCW 52.26.300, the City of Tukwila requests that King County
Elections place a proposition on the primary election ballot to be held on August 1, 2023, for
the voters of the City of Tukwila to approve or reject the annexation of the City of Tukwila to
be part of the Puget Sound Regional Fire Authority, effective January 1, 2024, as follows:
Name of Jurisdiction: City of Tukwila
Proposition Number: Proposition No. 1
Short Title: City of Tukwila Seeks Voter Approval to Annex into the
Puget Sound Regional Fire Authority to Maintain and
Enhance Current Fire and EMS Services
Ballot Title:
Should the City of Tukwila be annexed into and be a part
of the Puget Sound Regional Fire Authority to maintain
current fire and emergency medical service levels,
effective January 1, 2024, per City of Tukwila Council
Resolution No. ?
YES
NO ❑
Section 2. The explanatory statement approved by the City Attorney's Office is attached
hereto as Exhibit A.
CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23
Kari Sand: Review by Andy Youn
106
Page 2 of 3
Section 3. The City Attorney is authorized to make such minor adjustments to the
wording of the ballot measure and/or the explanatory statement as may be recommended by
King County Elections, as long as the intent of the ballot proposition remains clear and
consistent with the intent of this Resolution as approved by the City Council.
Section 4. The City Clerk or designee is authorized and directed to file a copy of this
resolution with the King County Department of Elections no later than 4:30 p.m. on May 12,
2023.
Section 5. Pursuant to RCW 29A.32.280, the names of committee members appointed
by the City Council to prepare arguments advocating both approval and rejection of the
annexation shall be provided to the Director no later than 4:30 p.m. on May 12, 2023.
Section 6. This resolution shall take effect and be in force immediately upon its passage.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment: Exhibit A, "Explanatory Statement"
CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23
Kari Sand: Review by Andy Youn
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 3 of 3
107
EXHIBIT A — EXPLANATORY STATEMENT
Should the City of Tukwila be annexed into and be a part of the Puget Sound Regional Fire
Authority, effective January 1, 2024, to maintain current fire and emergency medical service
levels per Tukwila City Council Resolution No. XXX?
YES
NO
Tukwila Resolution No. XXX seeks voter approval to annex the City of Tukwila into the Puget
Sound Regional Fire Authority ("PSRFA"). Previously, the City's Fire Department provided fire
protection and emergency medical services ("EMS") to the City of Tukwila. On January 1, 2023,
PSRFA began providing fire protection and EMS to the City, pursuant to an interlocal
agreement. The Tukwila City Council has determined that annexing into, and being a part of, the
PSRFA will ensure the long-term sustainability of funding to maintain the current fire protection
and EMS service levels.
PSRFA currently serves the cities of Kent, Covington, SeaTac, and Maple Valley, as well as
unincorporated areas of King County Fire District No. 37 and King County Fire District No. 43.
If this annexation is approved, City representatives will be on the Governing Board of the
PSRFA, and the PSRFA will continue to provide fire and EMS services to the City.
If this annexation is rejected, the City must seek a second annexation vote. If a second
annexation vote fails, the City would need to negotiate a new agreement with PSRFA or another
agency, or reconstitute the City Fire Department.
More information is available at www.pugetsoundfire.org.
108
UPCOMING MEETINGS AND EVENTS
APRIL 2023
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
APR 10 MON
APR 11 TUE
APR 12 WED
APR 13 THU
APR 14 FRI
APR 15 SAT
➢ Community Services and
Safety Committee
5:30 PM
City Hall — Hazelnut Room
Hybrid Meeting
➢ Finance and Governance
Committee
5:30 PM
6300 Building — Suite 100
Foster Conference Room
Hybrid Meeting
➢ City Council
Committee of the Whole
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
CIIIIEI
MEM
GREEN.
TUKWILA
PART NERSN P
RESTORATION AT
RIVERTON PARK
Help remove English ivy
that grows aggressively
and chokes out native
plants and trees.
Sign up now!
11:30 AM —1:30 PM
Riverton Park
Click here for more
information.
➢ Park Commission
5:30 PM
Hybrid Meeting
GREEN}
TUKWILA
COTTONWOOD CORNER
WORK PARTY
Help remove invasive plants. Sign up
now!
11:00 AM — 2:00 PM
Duwamish Hill Preserve
Click here for more information.
GREENt
TUKWILA
PARTNERSHIP
DUWAMISH HILL
PRESERVE WORK
PARTY
Help remove young
blackberries and
clearing space for fall
plantings.
Sign upnow!
9
10:00 AM — 1:00 PM
Duwamish Hill
Preserve
Click here for more
information.
(0)
ALERT
KING COUNTY
SYwing
FREE TAX HELP AND
GET FORMS
Pick up or print tax forms
at any library. Get free
help filing your taxes in
person now through April
20 at Westfield
Southcenter Mall. See
below for more
information.
Or, click here for more
information.
REGIONAL PUBLIC
INFORMATION &
NOTIFICATION
SERVICE
ALERT King County
helps you stay informed
about potential hazards
and threats that impact
your area. Other
languages are available.
Register now!
Click here for more
information.
SOUTH KING COUNTY
IN-PERSON
JOB FAIR
Meet employers from various
industries that are looking to fill
hundreds of positions. Bring your
resume and engage with recruiters.
11:00 AM — 2:00 PM
Burien Community Center
14700 60' Ave SW
Click here to register.
➢Equity and Social Justice
Commission
5:30 PM
Hybrid Meeting
➢ Community Oriented Policing
Citizens Advisory Board
6:30 PM
Hybrid Meeting
American
Red Cross
=
—_
ar
"��'�
FREE SMOKE ALARMS
AND INSTALLATION
Service provided to
those who cannot
afford to purchase
smoke alarms or are
physically unable to
install a smoke alarm.
For more information
or request FREE smoke
alarms,
call 1-833-918-1531.
Click here for more
information.
CLASSICS CONCERT
Apr 15 7:30 PM
Apr 16 3:00 PM
Foster Performing
Arts Center
Click here to buy
tickets.
APR 17 MON
APR 18 TUE
APR 19 WED
APR 20 THU
APR 21 FRI
APR 22 SAT
➢ Planning and Community
Development Meeting
5:30 PM
City Hall—Hazelnut Room
Hybrid Meeting
➢ Transportation and
Services
Committee
5:30 PM
6300 Building — 2' d Floor
Duwamish Conference Room
Hybrid MeetingClick
➢ City Council
Regular Meeting
7:00 PMClick
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Hybrid Meeting
Give Blood = Save 3 Lives
��(
DONATE BLOOD AND
ENTER TO WIN A
TRIP TO HAWAII FOR
4 THRU APR 301college
Your donation is crdical.i
To schedule an
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®
'®
➢Civil Service Commission
5:00 PM
Hybrid Meeting
MINIMUM WAGE & ADDITIONAL
HOURS INFORMATION SESSION
Join us on this 2nd virtual session on
the draft Minimum Wage rules.
7:00 PM
Click here to join virtual meeting
Or call to listen at 1-253-292-9750Foster
Access Code 6742356358
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WS,t.Lr�/f
11� l�( U,L
SOUTHCENTER
SHOW & SELL YOUR
ARTWORK
Local high school and
students have
the opportunity to
pp y
showcase and sell their
work inside the mall. To
apply, students can
submit their artwork
through April 30.
Submit your artwork to
Southcenter@urw.com.
here information. for more
C)
FREE RESIDENTIAL
RECYCLING
COLLECTION EVENT
Hard to recycle
materials can be
dropped off at this
event. Rain barrels are
$35 each. Cash only,
while supplies last.
7:00 PM
High School
Click here for more
information.
ll
�� SYSTEM
FREE TAX HELP
Pick up or print tax forms
at any library. Get free
filing your taxesInfrastructure
help in
person now through
TOMORROW, APRIL 20
at Westfield Southcenter
Mall. See below for more
information.
Or, click here for more
information.
r --wCITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM — 4:00 PM
�\\
o \ SUMMER CAMP REGISTRATION IS NOW OPEN!
el Summer programs for preschoolers, youth and teens at the Tukwila Community Center are now open. For scholarship inquiries, please email
s 2° ParksRec@TukwilaWA.gov prior to registration! Click here to register.
17k, 1408 YOUTH SPORTS SPONSORSHIPS NEEDED
Give the Gift of Play, and help hundreds of youth experience summer sports camps. Click here for more information or email Sports@TukwilaWA.gov.
RESIDENTIAL COLLECTION EVENT APR 22 FOSTER HIGH SCHOOL
Hard to recycle materials can be dropped off at this event. Rain barrels will be available for purchase. Click here for more information.
UTILITY BOX ART PROGRAM APR 30 DEADLINE
We are seeking artists to create artwork for this year's program. Artists will receive up to $1,000 budget, plus given artwork credit on the box. Virtual workshop for
application assistance is on April 20 at 6:00 PM. Email Michael May at TukwilaArts@TukwilaWA.gov for a virtual Teams link. Click here for more information.
eor DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:00 PM
'`VOLUNTEERS — In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up.
47 DONORS — Please donate at tukwilapantry.org/donate/.
STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! D . r:., .
SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list.', ;
g' 1 VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM. ' w ^{j
(„ To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District.
' Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138.
FREE HELP FILING TAXES THRU APR 20 SOUTHCENTER MALL WEST ENTRANCE TUE, WED, THU & SAT 11:00 AM — 7:00 PM
KING
ikrCOUNTY
Pick up or print tax forms at any library. Get free help filing your taxes in-person or online with AARP or United Way. Click here for more information.
ONLINE POETRY CONTEST APR 30 DEADLINE
LIBRARY'
SYSTEM
Enter your poetry for a chance to win a $25 gift card. The contest is open to all ages. Winners will be chosen in each category. Click here for more information.
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Enjoy local history for FREE library Click here for information. En 't'
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109
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
APRIL 3
See below link for the agenda
packet to view the agenda
items:
April 3, 2023
Regular Meeting
APRIL 10
See below Zink for the agenda
packet to view the agenda
items:
April 10, 2023
Committee of the Whole
Meeting
APRIL 17
CONSENT AGENDA
- An ordinance granting Highline Water
District a non-exclusive Franchise
Agreement to construct, maintain, operate
replace and repair a water system within
public rights-of-way of the City of Tukwila,
and fixing a time when the same shall be
effective.
- Accept as complete the East Marginal Way
Outfalls project with Marshbank
Construction; authorize release of retainage,
subject to the standard claim and lien
procedures (final cost of project, including
retainage: $1,429,895.21).
- Authorize the Mayor to sign a contract with
KPG, Inc. for on-call engineering and design
services for the 2023 Neighborhood Traffic
Calming Program in an amount not to
exceed $100,000.00.
- Accept as complete the 2022 Annual Small
Drainage Program with Titan Earthwork,
LLC; authorize release of retainage, subject
to the standard claim and lien procedures
(final cost of project, including retainage:
$452,790.06).
- Authorize the Mayor to sign a contract with
Flock Group Inc. for license plate readers in
an amount not to exceed $200.000.00.
- A resolution approving an Interlocal
Agreement with NPPgov.
UNFINISHED BUSINESS
- A resolution approving the annexation of the
City into the Puget Sound Regional Fire
Authority, and approving the amendments
to the Puget Sound Regional Fire Authority
Plan.
- A resolution calling for King County Elections
to place a proposition on the primary
election ballot on August 1, 2023,
concerning annexation of the City of Tukwila
into the Puget Sound Regional Fire Authority
to maintain and enhance Fire and EMS
service levels.
- Authorize the Mayor to sign a contract with
Makers Architecture and Urban Design, LLP,
for the periodic update of the
Comprehensive Plan, in an amount not to
exceed $125,000.00.
- An ordinance amending Ordinance No. 1995
§1 (part), as codified in Tukwila Municipal
Code (TMC) Section 11.04.040,
"Definitions"; Repealing Ordinance No. 1995
§1 (part), as codified in TMC 11.28;
Reenacting TMC Chapter 11.28,
"Undergrounding of Utilities," to update
definitions and adopt new regulations
related to undergrounding of utilities.
APRIL 24
SPECIAL ISSUES
- An ordinance adopting Fire Code
changes.
- An ordinance adopting 2021 State
Building Code.
- Water Reservoir Site update.
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
MAY 1
PRESENTATION
King County Regional Homelessness
Authority 5 -year plan and sub-
regional plan input.
CONSENT AGENDA
- Ordinance adopting Fire Code
changes.
- Ordinance adopting 2021 State
Building Code.
- Authorize the purchase of large
water meters in the amount of
$75,000.00.
MAY 8
PRESENTATIONS
Winners of 2024 Recycling
Program Youth Art Contest.
SPECIAL ISSUES
- 4th Quarter 2022 Financial
Presentation.
- Ordinance amending parking
penalties.
MAY 15
PRESENTATIONS
Annual State of the Court Address.
UNFINISHED BUSINESS
Ordinance amending parking penalties.
MAY 22
SPECIAL ISSUES
Consensus on Public Participation for
2024 Comprehensive Plan.
Special Meeting to follow
Committee of the Whole Meeting.
110