HomeMy WebLinkAboutCOW 2026-07-13 COMPLETE AGENDA PACKETThis agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov
If you are in need of translation or interpretation services at a Council meeting,
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CITY OF TUKWILA
City Council Committee of the Whole Meeting
Monday, July 13, 2026 at 7:00 p.m.
Location: Tukwila City Hall, Council Chambers, 6200 Southcenter Boulevard, Tukwila, WA 98188
Join remotely: 1-253-292-9750, Access Code: 670077847# or click here to join virtually
AGENDA
1.CALL TO ORDER/ PLEDGE OF ALLEGIANCE
2.LAND ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish 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
Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila
City Hall or remotely via phone or Microsoft Teams for up to 5 minutes for items both on and not on the
meeting agenda. Per the Council Rules of Procedure, the total time for public comment should not generally
exceed 30 minutes and time may be reduced to 3 minutes if there are more than 6 speakers.
To provide comment remotely, please email cityclerk@tukwilawa.gov with your name and topic by 5:00 PM
on the meeting date. Please clearly indicate that your message is for public comment during the meeting,
and you will receive further instructions.
4.PUBLIC HEARING
a. Miscellaneous Code Amendments to the Tukwila Municipal Code (TMC)-
Ordinances Updating Titles 8, “Public Peace, Morals and Regulations”; Title
11, “Right-of-Way Use”; Title 17, Subdivisions and Plats”; Title 18, “Zoning”;
and Title 19, “Sign and Visual Code Information” and Resolution Updating
Fee Schedule.
You may attend the public hearing in person to provide your public hearing comments on-
site. To provide comments remotely, please email cityclerk@tukwilawa.gov. Provide your
first and last name and reference the public hearing topic in the subject line by 5:00 p.m.
on July 13, 2026. Once you have signed up by email your name will be called upon during
the meeting to speak for up to 5 minutes via the Teams meeting link above.
Pg. 4
City Council Meeting – C.O.W.
July 13, 2026
Page 2 of 2
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov
If you are in need of translation or interpretation services at a Council meeting,
please contact us at 206-433-1800 by 12:00 p.m. on the meeting date.
Pg. 4
(1) Ordinance Amending Title 8, “Public Peace, Morals and Regulations” Pg. 9
Pg. 11
Pg. 14
5.SPECIAL ISSUES
a.Miscellaneous Amendments to the Tukwila Municipal Code (TMC)
(2)Ordinance Amending Title 11, “Right-Of-Way Use”
(3)Ordinance Amending Title 17, “Subdivisions and Plats”
(4)Ordinance Amending Title 18, “Zoning”Pg. 17
(5) Ordinance Amending Title 19, “Sign and Visual Communication Code” Pg. 60
(6) Resolution Amending the Fee Schedule Pg. 63
Pg. 66
Pg. 128
Pg. 134
Pg. 175
b.Ordinance Relating to 2016 Unlimited Tax General Obligation (UTGO) Bond
Refunding
c.Ordinance Updating Rental Housing Regulations
d.Ordinance Granting Franchise Agreement with Forged Fiber 37
e.Ordinance to Granting Franchise Agreement with McLeodUSA
Telecommunications Ltd.
f.Ordinance Establishing Camping Regulations Pg. 216
6.REPORTS
7.MISCELLANEOUS
8.ADJOURNMENT
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. Per the Council Rules of Procedure the total
time for public comments should not generally exceed 30 minutes and time may be reduced to 3 minutes
each if there are more than 6 speakers.
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 clearly 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.City staff shall speak first and be allowed 15 minutes to make a presentation.
3. The applicant is then allowed 15 minutes to make a presentation.
4.Each side is then allowed 5 minutes for rebuttal.
5.After City staff and the applicant 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/
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item
Sponsor
Legislative History
Recommended Motion ☐Discussion Only ☒Action Requested
MOVE TO adopt the ordinances and resolution to amend Title 8, Title
11, Title 17, Title 18, and Title 19 of the TMC and adopt a resolution to
update the associated consolidated permit fee schedule.
EXECUTIVE SUMMARY
This package includes ordinances updating five titles of the municipal code and one corresponding fee
resolution update. Proposed amendments, detailed under discussion, include correction of errors,
clarifications for consistency of language or application of standards and some minor substantive
updates to development standards. Staff is requesting this item be forwarded to the July 13, 2026
Committee of the Whole meeting for a public hearing.
DISCUSSION
Since the periodic update to the comprehensive plan, associated amendments to zoning standards and
development regulations and amendments to comply with other changes in state law have required
significant alterations to zoning districts, development standards and other regulations. These updates
also presented opportunities to better align standards with goals adopted through the comprehensive
plan and streamline formatting, phrasing and presentation of the Tukwila Municipal Code (TMC) for
ease of use for both staff and applicants.
In utilizing the updated code, staff identified impacts of recent amendments that left inconsistencies,
lacked clarity or had room for improvement. In an effort to constantly improve the TMC, staff compiled a
package of code amendment items which, while not adding especially complex or substantive
amendments to any one area of code, better aligns City regulations with desired processes and
outcomes.
Below is a table of generalized code amendment topics by ordinance or resolution. Full text of
proposed amendments can be found within the corresponding sections of the attached ordinances.
Common proposed amendments within the package include updates to zoning district references for
consistency with changes which occurred from the consolidation of the LDR and MDR zoning districts
to the CR zoning district in the middle housing updates, removal of outdated or partially removed
sections of code, clarification of code language ambiguity or typos, small updates to comply with state
law changes, and scenario specific regulation additions.
Miscellaneous Code Amendment Ordinances and Fee Resolution
Neil Tabor, Senior Planner
Department of Community Development
June 8, 2026 Planning & Community Development Committee
July 13, 2026 Committee of the Whole
July 20, 2026 Regular Meeting
4.A. & 5.A.
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Page 2 of 5
Title 8 Ordinance
Code Section Section in Ordinance Brief Summary of Amendment
8.22.020(8)(a) 2 Correcting reference to zoning districts.
Title 11 Ordinance
Code Section Section in Ordinance Brief Summary of Amendment
11.08.050 2 Correcting typo and clarifying application of permit type.
Title 17 Ordinance
Code Section Section in Ordinance Brief Summary of Amendment
17.20.030(E) 2 Clarifying alignment standards for new lots in subdivisions.
17.20.030(F) 3
Reestablishing previously deleted standard for planting of new
trees within subdivisions.
Title 18 Ordinance
Code Section Section in Ordinance Brief Summary of Amendment
18.06.063 2
New definition of bay window for clarification with design
standards.
18.06.680 2
Expanding definition of research and development facility to
include aerospace manufacturing.
18.06.740 2 Clarification of setback definition to comply with state law.
18.06.781 2
Addition of sleeping unit definition consistent with co-living
standards.
18.06.950 2 Correcting reference to zoning districts.
18.10.040 3 Clarifying phrasing language.
18.28.030(D) 4
Clarification that installation of HVAC equipment and solar panels
does not trigger design review.
18.40.080 5 Correcting reference to zoning districts.
18.44.030 6/Exhibit A
Reestablishing shoreline use table footnotes that were
unintentionally omitted in a previous update.
18.45.050 7
Rewrite of Critical Area Designation permit type to allow applicants
broader flexibility.
18.45.158(C)(2) 8 Amending tree permit review type for ease of application.
18.50.045 9 Elimination of outdated regulations regarding airport height.
18.50.170 10
Updating lighting standards for consistency with industry
language.
18.52.020 11 Clarification in application of standards.
18.52.040 12 Correcting reference to zoning districts.
18.52.050(A) 13 Correcting reference to zoning districts.
18.54.070 14
Updating tree replacement standards to treat single family and
middle housing the same and to protect replacement trees.
18.56.065 15
Clarification in application of standards regarding permitted
number of driveways.
Summary of proposed amendments by ordinance and resolution
5
Page 3 of 5
18.58.065 16
New section to address temporary wireless communication
facilities during construction and special events.
18.60.040 17 Clarification in application of design review standards to ADUs.
18.60.060 18 Clarification in application of design review standards to ADUs.
18.70.050 19 Removal of redundant nonconformance provision.
18.70.130 20
Elimination of defunct code section relating to an expired time-
limited cargo container permitting program.
18.80.020 21
Clarification of distinction between public and private
comprehensive plan amendment items.
18.104.010 22 Updating permit types to streamline review.
Figure 18-13 23 Repealing figure associated with previously repealed code section.
Table 18-6 24/Exhibit B
Updating footnotes for state law consistency and correcting
reference typos.
Title 19 Ordinance
Code Section Section in Ordinance Brief Summary of Amendment
19.08.180 2 Correcting reference to zoning districts.
19.08.225 3 Correcting reference to zoning districts.
Fee Resolution
Section in
Resolution Brief Summary of Amendment
1 Restructuring fee for Critical Area Designation to clarify passthrough costs to applicant.
TMC 18.82.020 Decision Criteria provides criteria for analysis of a proposed development regulation
amendment as depicted in full below.
18.82.020. Decision Criteria.
A.The following criteria shall be used to review an amendment to development regulations:
1.Is the amendment consistent with the Comprehensive Plan?
2.Does the amendment meet at least one of the following criteria:
a.Eliminates conflicts between TMC and the Comprehensive Plan; or
b.Accomplishes policy directives of the Council or Administration; or
Corrects an error or errors in the TMC.
The proposed amendments prepared by staff comply with all decision criteria, in particular supporting
consistency with the Comprehensive Plan and eliminating conflicts between the TMC and
Comprehensive Plan. Housing Element policies such as H1.2 and H1.3 below are supported by
updates to streamline permit types and allow simpler noticing procedures or providing more setback
flexibility for highly efficient homes.
Policy H1.2 Identify and remove excessive regulatory barriers to housing production.
Policy H1.3 Modify residential zoning designations and development standards to align with
City goals, and periodically assess the amount of housing produced under these
standards.
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Page 4 of 5
Similarly, amendments to reestablish tree planting requirement with subdivisions and amending tree
replanting standards in the event of tree removals supports overall goals and policies within the Natural
Environment Element shown below.
Goal EN-11 Overall City tree canopy increased in diversity and total cover, with an increase
in the use of native species, by 2034, and No Net Loss of canopy cover in
individual zoning categories, or environmentally critical areas and open spaces
Policy EN-11.1 The City shall adopt and implement updated tree canopy goals and shall
continue to amend policies to support stormwater management and water
quality improvement in receiving waters. The City will provide mapping of City-
owned or operated properties with tree canopy no later than December 31,
2028, as based on available existing data.
Additionally, proposed amendments clarifying the correct zoning districts, reestablishing footnotes or
erroneous references aim to correct errors in the TMC, consistent with Decision Criteria in TMC
18.82.020(A)(2)(b). Staff believes this package of proposed amendments is consistent with Decision
Criteria for consideration of code amendments to development regulations.
18.82.030. Staff Report.
A. Prior to consideration of any proposed amendment, the Department shall prepare and submit
to the reviewing body a staff report that addresses the following:
1. An evaluation of the application materials;
2. Impact upon the Tukwila Comprehensive Plan and Zoning Code;
3. Impact upon surrounding properties, if applicable;
4. Alternatives to the proposed amendment; and
5. Appropriate code citations and other relevant documents.
B. The Department’s report shall transmit a copy of the application for each proposed
amendment, any written comments on the proposals received by the Department, and shall
contain the Department’s recommendation on adoption, rejection, or deferral of each proposed
change.
TMC 18.82.030 Staff Report provides information to inform decisions on proposed amendments, listed
above. As a staff initiated amendment package many of the criteria, such as evaluation of application
materials will not apply. Please refer to the summarized table of proposed amendments by section and
the attached ordinance language for further details and references to code citations. As a code
amendment package largely focusing on clarity, consistency and minor changes to existing, impacts to
surrounding properties are expected to be minimal, if any.
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Page 5 of 5
FINANCIAL IMPACT
Amendments in the fee resolution more accurately represent the passthrough cost of consultant review
in the critical area designation process. This amendment is not anticipated to change the amount of
revenue the City receives.
ATTACHMENTS
1.Title 8 Ordinance
2.Title 11 Ordinance
3.Title 17 Ordinance
4.Title 18 Ordinance - updated after 06/08/2026 PCD Committee Meeting
5.Title 19 Ordinance
6.Fee Resolution
7.Minutes from 06/08/26 Planning & Community Development Committee Meeting
8
2026 Legislation: Updating Definition of Residential District Page 1 of 2
Version: 06/02/2026
Staff: N. Tabor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING REFERENCES
PURSUANT TO CHANGES IN ZONING DISTRICTS AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
SECTION 8.22.020(8)(A); DEFINITION OF “RESIDENTIAL
DISTRICT”; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (“TMC”) Title 8 regulates Public Peace, Morals
and Safety in the City of Tukwila; and
WHEREAS, the City Council adopted Ordinance 2762 on June 16, 2025 to rezone
the Low Density Residential (LDR) and Medium Density Residential (MDR) zoning
districts to Community Residential (CR); and
WHEREAS, the City desires to ensure consistency through the Tukwila Municipal
Code; and
WHEREAS, on June 4, 2026, the City’s State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, the Tukwila City Council held a property noticed public hearing on July
13, 2026; and
WHEREAS, on July 20, 2026, after considering the analysis and proposed code
amendments prepared by City Staff, and the public comments received, the City Council
desire to adopt code amendments as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
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2026 Legislation: Updating Definition of Residential District Page 2 of 2
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Staff: N. Tabor
A. The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B. The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the Tukwila Municipal Code.
Section 2. TMC Section 8.22.020 Amended. Ordinances No. 2293 §3 and
2723 §3, as codified at Tukwila Municipal Code (TMC) 8.22.020(8)(a), “Residential district”
is hereby amended to read as follows:
a. "Residential district" includes zones designated as LDR, MDCR and
HDR;
Section 3. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation should be
held to be invalid or unconstitutional for any reason by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ___________________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
10
2026 Legislation: Title 11/Updating ROW Use Permits Page 1 of 3
Version: 06/02/2026
Staff: N. Tabor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING CLASSES OF RIGHT-
OF-WAY PERMITS TO ENSURE CLARITY AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTION 11.08.050;
“RIGHT-OF-WAY USE PERMITS”; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (“TMC”) Title 11 regulates Right-Of-Way Use
in the City of Tukwila; and
WHEREAS, the City desires to ensure consistency through the Tukwila Municipal
Code; and
WHEREAS, on June 4, 2026, the City’s State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, the Tukwila City Council held a property noticed public hearing on July
13, 2026; and
WHEREAS, on July 20, 2026, after considering the analysis and proposed code
amendments prepared by City Staff, and the public comments received, the City Council
desire to adopt code amendments as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A.The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B.The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the Tukwila Municipal Code.
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Version: 06/02/2026
Staff: N. Tabor
Section 2. TMC Section 11.08.050 Amended. Ordinance Numbers 1995 §1 (part)
and 2682 §7, as codified at TMC 11.08.050, “Right-Of-Way Use Permits” is hereby
amended to read as follows:
11.08.050. Right-Of-Way Use Permits.
A. The following classes of right-of-way use permits are hereby established:
1. Public Works Permit. These permits may be issued to applicants who do
not hold a current franchise with the City.
2. Public Works Franchise Permit. These permits may be issued to applicants
who do not hold a current franchise with the City.
3. Annual Blanket Activities Permit. These permits may be issued to current
franchise holders on an annual basis to undertake blanket activities as
defined by this chapter.
Section 3. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ___________________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
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2026 Legislation: Title 11/Updating ROW Use Permits Page 3 of 3
Version: 06/02/2026
Staff: N. Tabor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
13
2026 Legislation: Title 17/Updating Definitions Page 1 of 3
Version: 06/02/2026
Staff: N. Tabor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING REFERENCES
PURSUANT TO CHANGES IN ZONING DISTRICTS AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS
17.20.030(E) AND 17.20.030(F); “LOTS” AND
“LANDSCAPING”; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (“TMC”) Title 17 regulates Subdivisions and
Plats in the City of Tukwila; and
WHEREAS, the City has adopted goals and policies to enhance tree canopy cover in
the Comprehensive Plan; and
WHEREAS, the City has adopted policies to promote housing development through
clarification of development in the Comprehensive Plan; and
WHEREAS, the City desires to ensure clarity through the Tukwila Municipal Code; and
WHEREAS, on June 4, 2026, the City’s State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, the Tukwila City Council held a property noticed public hearing on July
13, 2026; and
WHEREAS, on July 20, 2026, after considering the analysis and proposed code
amendments prepared by City Staff, and the public comments received, the City Council
desire to adopt code amendments as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
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A.The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B.The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the Tukwila Municipal Code.
Section 2. TMC Section 17.20.030 (part) Amended. Ordinance No. 2764 §18 (part),
as codified at TMC 17.20.030, “Lots” subparagraph E, “Lots” is hereby amended to read
as follows:
1.Arrangement: Insofar as practical, side lot lines shall be at right angles to street lines
or radial to curved street lines. No new subdivision should create an irregular shaped
lot, include irregular shaped lot lines or more than six separate lot lines, unless
unavoidable based on parent lot shape. Each proposed lot shall have access to a
public street. New flag lots shall not be permitted. Access requirements may be met by
establishing common drive easements.
2.Lot Design: The lot area, width, shape, and orientation, shall be appropriate for the
location of the subdivision, for the type of development and land use contemplated, and
shall conform with the requirements of the zoning ordinance.
3.Corner Lots: Corner lots may be required to be designed with additional width to allow
for the additional side yard requirements.
Section 3. TMC Section 17.20.030 (part) Amended. Ordinance No. 2764 §18 (part),
as codified at TMC 17.20.030, “Lots” subparagraph F, “Landscaping” is hereby amended
as follows:
1.Each lot within a new short or long subdivision shall be landscaped with at least
(1) tree in the front yard. If the applicant demonstrates to the City’s satisfaction that
there is inadequate space in the front yard due to required vehicular or pedestrian
access, utilities, or other necessary site improvements, the required tree may be
located in the side or rear yard.
2.Landscaping shall conform with Public Works standards and the requirements of
TMC Title 18.
Section 4. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
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invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ___________________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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2026 Legislation: Title 18 Page 1 of 30
Version: 06/02/2026
Staff: N. Tabor
NOTE: Shaded text denotes changes made after the June
8, 2026 Planning and Community Development
Committee Meeting. See pages 12 & 14 & Exhibit A
page 8.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS SECTIONS
OF THE TUKWILA MUNICIPAL CODE (TMC) TITLE 18,
“ZONING”; CLARIFYING REGULATIONS, INCORPORATING
MINOR CODE AMENDMENTS, AND CORRECTING ERRORS
THROUGHOUT THE TITLE; ESTABLISHING TMC 18.58.065,
“TEMPORARY WIRELESS COMMUNICATION FACILITIES”,
AND REPEALING TMC 18.58.065, “TEMPORARY WIRELESS
COMMUNICATION FACILITIES”, AND REPEALING TMC
18.50.045, “HEIGHT REGULATIONS AROUND MAJOR
AIRPORTS”; TMC 18.70.130, “CARGO CONTAINERS” AND
TABLE 18-13, “HOUSING OPTION PROGRAM
STANDARDS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (“TMC”) Title 18 regulates zoning and land use
in the City of Tukwila; and
WHEREAS, City staff have found that certain existing development standards could
be improved to provide alignment with updates in state law; and
WHEREAS, there were also certain ambiguities and policies in TMC that needed to be
revised and updated; and
WHEREAS, existing language and formatting of Title 18 required revisions to improve
clarity, readability, and consistency; and
WHEREAS, on June 4, 2026, the City’s State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
Miscellaneous Code Amendments; and
WHEREAS, the Tukwila City Council held a properly noticed public hearing on July 13,
2026 to solicit and receive public comment, and following that hearing, recommended that
the Tukwila City Council approve the proposed Title 18 Code Amendments; and
Attachment 4
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WHEREAS, on July 20, 2026, after considering the analysis and proposed Title 18
Amendments prepared by City staff, and the public comments received (if any), the City
Council desire to adopt the TIB Code Amendments as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A.The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B.The amendments that are established below comply with the requirements of
the Washington State Growth Management Act and the Tukwila Municipal
Code (TMC).
Section 2. TMC Section 18.06 Amended Ordinance No. 2741 §3 (part), as codified
at various sections of TMC Chapter 18.06, “Definitions,” is hereby amended to read as
follows:
§ 18.06.063. Bay Window
“Bay window” means a multi-panel window structure of at least three window panels
protruding from the exterior façade and forming an interior alcove.
§ 18.06.0643. Bed-and-Breakfast Lodging.
“Bed-and-breakfast” means an owner-occupied dwelling unit that contains
guest rooms where lodging is provided for compensation.
§18.06.0654. Best Available Science.
“Best available science” means that scientific information applicable to the
critical area prepared by appropriate local, state or federal agencies, a
qualified scientist or team of qualified scientists, which will be consistent with
the criteria established in WAC 365-195-900 through WAC 365-195-925.
Characteristics of a valid scientific process will be considered to determine
whether information received during the permit review process is reliable
scientific information. A valid scientific process includes some or all of the
following characteristics:
1.Peer reviewed research or background information.
2.Study methods clearly stated.
3.Conclusions based on logical assumptions.
4.Quantitative analysis.
5.Proper context is established.
6.References are included that cite relevant, credible literature and other
pertinent information.
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§ 18.06.0665. Best Management Practices.
“Best management practices (BMPs)” means conservation practices and
management measures which serve to protect trees, including the following
practices:
1.Avoiding physical damage to tree trunk, branches, foliage and roots;
2.Restricting the movement, operation, and location of construction
materials and equipment to avoid the area under a tree canopy;
3.Minimizing adverse changes in drainage conditions around tree roots;
4.Minimizing adverse changes to the chemical, physical, structural, and organic
characteristics of soil around tree roots;
5.Those conservation practices defined by the State of Washington Department
of Agriculture, Washington State Department of Ecology, and International
Society of Arborists as intended to protect trees.
§18.06.0676. Binding Site Improvement Plan.
“Binding site improvement plan” means an improvement plan processed in
accordance with TMC Chapter 17.16, which is legally binding on the land owner,
his heirs, successors and assigns.
§ 18.06.530. Lot Lines.
“Lot lines” means the property lines bounding the lot; except that in MDR and the
HDR zones, lot lines shall also include the curbline or edge or easement, whichever
provides a greater width, of any adjacent ‘access roads’.
§ 18.06.680. Research and Development Facility.
“Research and development facility” means a use in which research and
experiments leading to the development of new products or technology are
conducted. This definition includes, but is not limited to, facilities engaged in:
1.Aall aspects of biomedical research and development; and/or
2.All aspects of aerospace technology research and development, including
manufacturing of associated products.
. This use may be associated with, or accessory to, institutional and commercial
uses such as business or administrative offices and medical facilities.
§ 18.06.740. Setbacks.
“Setbacks” means the distances that buildings or uses must be removed from their
lot lines except that roof eaves may intrude a maximum of 24 inches into this area.
A maximum 24-inch overhang may also be allowed for portions of a building (such
as a bay window) if approved as part of design review approval where the overhang
provides modulation of the façade. Construction meeting passive house
requirements may project up to 8 inches into any setback, consistent with RCW
36.70A.812.
§ 18.06.781. Sleeping Unit.
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“Sleeping unit” means an independently rented or owned room within a co -living
dwelling that provides living space, in which residents share kitchen facilities with
residents of other units in the building.
§ 18.06.7821. Site Disturbance.
“Site disturbance” means any development, construction, or related operation that
could alter the subject property, including, but not limited to, soil compaction
including foot traffic; tree or stump removal; road, driveway or building construction;
installation of utilities; or grading.
§ 18.06.950. Yard, Front.
“Front yard” means a yard extending between side lot lines across the front of
a lot. In MDR and the HDR zones, this shall also include areas adjacent to
‘access roads’.
Section 3. TMC Section 18.10.040 Amended Ordinance Number 2765 §11
(part), as codified at TMC Chapter 18.10.040, “Basic Development Standards,” is hereby
amended to read as follows:
§ 18.10.040. Basic Development Standards.
A. Development within the CR District shall conform to the following listed
and referenced standards:
CR BASIC DEVELOPMENT STANDARDS
Community Residential
Outside of 1/4 Mile of
Major Transit Stop
Within 1/4 Mile of Major
Transit, or if at least 1 unit
affordable at 60% AMI (Rental)
or 80% (Ownership) for a
period no less than 50 years
Lot area, minimum 5,000 sq. ft.
Average lot width, minimum 40 feet
Density (3) dwelling units per
parcel,
plus 1 unit per 1,500 SF of
parcel area over 5,000 SF,
whichever is greater, up to
5 units
(4) dwelling units per parcel,
plus 1 unit per 1,500 SF of
parcel area over 5,000 SF,
whichever is greater, up to 5
units
2 dwelling units per lot can
be designated as
accessory residences
provided they meet ADU
requirements (ADUs count
toward maximum density)
2 dwelling units per lot can be
designated as accessory
residences provided they meet
ADU requirements (ADUs
count toward maximum
density)
Building Footprint, maximum 50%
Development Area Coverage,
maximum 75%
Setbacks
Front 15 feet
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Front Porch 7 feet (if porch of at least 40 square feet, with no dimension
less than 5 feet)
Second Front 10 feet
Side 5 feet
Rear 5 feet
Rear (Alley DADU) 0 feet
Building Height 35 feet
Parking See TMC 18.56, Off-street Parking & Loading Regulations &
Figure 18-7 – Required Number of Parking Spaces for
Automobiles & Bicycles
Section 4. TMC Section 18.28.030 Amended Ordinance No. 2741 §4 (part), as
codified at TMC Chapter 18.28.030, “Tukwila Urban Center (TUC) District Article I
Introduction”, subparagraph D, “Design Review”, is hereby amended to read as follows:
D.Design Review. (Table 18-1)
1.Design review for projects located in the TUC:
a.Projects meeting the thresholds for design review set forth in TMC
Section 18.28.030.D.1.b. shall be evaluated using applicable
regulations in this chapter and the guidelines set forth in the
Southcenter Design Manual. Work performed within the interior of a
structure does not trigger design review or application of District or
Corridor Standards.
b.Major Remodels and Small-Scale Projects.
Projects meeting any one of the following criteria shall be subject to
Design Review pursuant to TMC Chapter 18.60):
(1)New non-residential structures greater than 1,500 square feet in
size (total on premises).
(2)New residential or mixed-use buildings.
(3)Any exterior repair, reconstruction, cosmetic alterations or
improvements, when the cost of that work exceeds 10% of the
building’s current assessed valuation (the cost of repairs to or
reconstruction of roofs, installation of HVAC equipment screened
by parapet walls, or solar energy generation equipment is
exempt). Compliance with corridor-based architectural design
standards and building orientation is required for existing buildings
only if they are destroyed by any means to an extent of more than
50% of their replacement cost at the time of destruction, in the
judgment of the City’s Building Official.
(4)Exterior expansions greater than 1,500 square feet in size (total
on premises).
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c.Minor Remodels and Very Small Scale Projects.
Projects NOT meeting the design thresholds set forth in TMC Section
18.28.030.D.1.b. are not subject to design review and shall be evaluated
using applicable regulations in this chapter EXCEPT for the corridor-
based architectural design standards.
Section 5. TMC Section 18.40.080 Amended Ordinance Number 2758 §9 as
codified at TMC Chapter 18.40.080, “Basic Development Standards”, is hereby amended to
read as follows:
A.Development within the Tukwila Valley South District shall conform to the
following listed and referenced standards:
TVS BASIC DEVELOPMENT STANDARDS
Lot area per unit (multifamily, except senior
citizen housing), minimum
2,000 sq. ft.
Setbacks to yards, minimum:
• Front 25 feet
• Second front 12.5 feet
• Sides 5 feet
•Sides, if any portion of the yard is within 50 feet of LDR, MDR,CR or HDR
1st Floor 10 feet
2nd Floor 20 feet
3rd Floor 30 feet
• Rear 5 feet
•Rear, if any portion of the yard is within 50 feet of LDR, MDR,CR or HDR
1st Floor 10 feet
2nd Floor 20 feet
3rd Floor 30 feet
Refer to TMC 18.52, “Landscape Requirements,” Table A, for perimeter and parking lot landscaping
requirements.
Height, maximum 115 feet
Recreation space 200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
Recreation space, senior citizen housing 100 sq. ft. per dwelling unit
Off-street parking:
•Residential (except senior citizen housing)See TMC 18.56, Off street Parking/Loading
Regulations
•Office 3 per 1,000 sq. ft. usable floor area minimum
•Retail 4 per 1,000 sq. ft. usable floor area minimum
•Manufacturing 1 per 1,000 sq. ft. usable floor area minimum
•Warehousing 1 per 2,000 sq. ft. usable floor area minimum
•Other uses, including senior citizen housing See TMC 18.56, Off-street
Parking & Loading Regulations
Conversion to Residential See TMC 18.50.230, Residential Conversions
Performance Standards: Use, activity and operations within a structure or a site shall comply with (1)
standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other
airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water
quality and hazardous materials. In addition, all development subject to the requirements of the State
Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse
environmental impacts have been adequately mitigated.
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Section 6. TMC Section 18.45.050 Repealed and Replaced. Ordinance No. 2765
§29, §30, §31, and §32, Ordinance No. 2758 §6, and Ordinance No. 2741 §4 (part), as
codified at TMC 18.45.050, “Critical Area Permitted Activities”, is hereby repealed and
replaced to read as follows:
18.45.050. Critical Area Designation Permit
A.Purpose.
A Critical Area Designation Permit establishes whether watercourse and wetland
critical areas or their buffers are present on or near a property, and may also be
used to conduct a critical area study on sites with known critical areas consistent
with TMC Section 18.45.040.
1.A Critical Area Designation Permit is required before the City may accept or
issue any other development permit for:
a.Any property, or proposed development area, located within 150 feet of a
confirmed critical area; or
b.Any property containing a potential critical area as mapped by the City
pursuant to TMC Section 18.45.050.
2.A Critical Area Designation Permit may be applied for at any time by the
property owner or their authorized agent.
B.Application.
The property owner or their authorized agent must submit an application to the
Department on a form provided by the Department. The application may cover the
entire property or a defined portion thereof, provided a map is included identifying
the area for which designation is sought.
C.Initial Site Review.
Upon receipt of a complete application, the Department or its consultant shall
conduct an initial site review to determine whether critical areas or their buffers exist,
or have the potential to exist, on the property or within 150 feet of its boundaries.
1.If no wetland or stream is identified, no further assessment is required.
2.If a wetland or stream is identified, the applicant must obtain a critical area
report consistent with TMC Section 18.45.070.
3.If the presence or classification of a stream is in question, the critical area
report shall include a professional recommendation on that question
consistent with TMC 18.45.040.
4.At the applicant's written request, a property with known critical areas may
bypass the initial site review and proceed directly to a critical area study
under subsection D.
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D. Critical Area Report.
To satisfy the critical area report requirement, the applicant shall either:
1. Fund a critical area study prepared by the City's consultant, which shall not be
subject to peer review; or
2. Submit a critical area study prepared by a qualified professional as defined in
TMC Title 18, which may be subject to peer review by the City or its
consultant at the applicant's expense.
E. Final Determination.
Based on the critical area report, the Department shall issue a written final
determination on the Critical Area Designation Permit. The Department shall issue
this determination within 120 days of receiving a complete application, unless an
extension is authorized under the Tukwila Municipal Code.
F. Permit Validity.
A Critical Area Designation Permit is valid for five (5) years from the date of
issuance, unless invalidated earlier by either of the following:
1. Physical conditions on or within 300 feet of the subject property have
materially changed due to natural processes or human activity; or
2. An applicable regulatory agency has adopted updated maps or designations
that conflict with the original determination.
Section 7. TMC Section 18.45.158 (part) Amended Ordinance No. 2741 §4
(part) as codified at TMC 18.45.158, :Vegetation Protection and Management”,
subparagraph C2, “Permit Requirements”, is hereby amended to read as follows:
2. Permit Requirements: Prior to any tree removal or site clearing, unless it is part
of Special Permission approval for interrupted buffer, buffer averaging or other
critical areas deviation, a Type 21 Critical Area Tree Removal and Vegetation
Clearing Permit application that meets the application requirements of TMC
Chapter 18.104 must be submitted to the Department.
Section 8. TMC Section 18.50.045 Repealed Ordinance Number 2741 §4 (part), as
codified at TMC 18.50.045, “Height Regulations Around Major Airports”, is hereby repealed.
Section 9. TMC Section 18.50.170 Amended Ordinance Number. 2741 §4 (part),
as codified at TMC 18.50.170, “Lighting Standards”, is hereby amended to read as follows:
A. Parking and loading areas shall include lighting capable of providing adequate
illumination for security and safety. Lighting standards shall be in scale with the
height and use of the associated structure. Any illumination, including security
lighting, shall be directed away fromshielded and cut off downward to avoid
spillover of light into adjoining properties and public rights-of-way.
B. In residential zones, porches, alcoves and pedestrian circulation walkways shall
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be provided with low level safety lighting. Pedestrian walkways and sidewalks
may be lighted with lighting bollards.
C.MIC/L and MIC/H. The following site lighting standards shall apply to portions of
developments within 100 feet of the Tukwila Manufacturing/Industrial Center
boundary as defined in the 1995 Comprehensive Plan:
1.The minimum light levels in parking areas, paths between the building
and street or parking areas shall be 1 foot candle;
2.The maximum ratio of average: minimum light level shall be 4:1
for illuminated grounds;
3.Maximum illumination at the property line shall be 2 foot candles;
4.Lights shall be shielded to eliminate direct off-site illumination; and
5.General grounds need not be lighted.
D.Variation from these standards may be granted by the Director of the
Department of Community Development based on technical unfeasibility or
safety considerations.
Section 10. TMC Section 18.52.020 Amended Ordinance Number 2741 §4 (part)
as codified at TMC 18.52.020, “Applicability”, is hereby amended to read as follows:
A.This chapter sets forth rules and regulations to control maintenance,
clearing and planting of landscaping and vegetation within the City of
Tukwila on any developed properties that are zoned commercial,
industrial, or multifamily; and on properties that are zoned CR and
developed with a non-single-family or non-middle housing dwellings. For
properties located within the Shoreline jurisdiction, the maintenance and
removal of vegetation shall be governed by TMC Chapter 18.44,
“Shoreline Overlay.” For properties located within a critical area or its
associated buffer, the maintenance and removal of vegetation shall be
governed by TMC Chapter 18.45, “Critical Areas.” Clearing and removal
of trees on undeveloped land and any land zoned CR that is developed
with a single-family or middle housing dwelling is regulated by TMC
Chapter 18.54, “Urban Forestry and Tree Regulations.” In case of conflict
the most stringent regulations apply.
Section 11. TMC Section 18.52.040 Amended. Ordinance No. 2765 §96 as codified
at TMC 18.52.040, “Perimeter and Parking Lot Landscaping Requirements by Zone District”,
are hereby amended to read as follows:
A.In the various zone districts of the City, landscaping in the front, rear and
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side yards and parking lots shall be provided as established by the
various zone district chapters of this title. These requirements are
summarized in the following table (Table A), except for Tukwila Urban
Center (TUC) requirements, which are listed in TMC Chapter 18.28.
TABLE A
ZONING
DISTRICTS
FRONT YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING FOR
PARKING LOTS
(square feet)
CR
(for uses other than
residential)
151, 2, 11 Type I 10 10 Type I 20 per stall for non-
residential uses; 15
per stall if parking is
placed behind
building
HDR 151, 2, 11 Type I 10 10 Type I Same as CR
MUO 15 (12.5)2, 11 Type I7 64 64, 11 Type I7 20 per stall adjacent
to street; 15 per stall
if parking is placed
behind building
O 15 (12.5)2 Type I7 6 64 Type I7 Same as MUO
RCC 20 (10)2, 3 Type I7 5; 10 if near CR,
MDR, or HDR4
1011 Type II Same as MUO
NCC 64, 11 Type I7, 13 04 04,11 Type II Same as MUO
RC 10 Type I13 54 04 Type II8 Same as MUO
RCM 10 Type I 54 04 Type II8 Same as MUO
C/LI 15
Second Front: 12.5;
15 if near CR, MDR,
or HDR
Type I6 55, 12 05, 12 Type II8 15 per stall; 10 per
stall for parking
placed behind
building
LI 152
Second Front: 12.5
Type II 04, 12 04, 12 Type III 15 per stall; 10 per
stall for parking
placed behind
building
HI 152
Second Front: 12.5
Type II 04, 12 04, 12 Type III 15 per stall
MIC/L 105 Type II 05, 12 05, 12 Type III 10 per stall
MIC/H 105 Type II 05, 12 05, 12 Type III 10 per stall
TUC – See TMC 18.28
TVS – See TMC 18.40
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TSO – See TMC 18.41
Notes:
1.Minimum required front yard landscaped areas in the HDR zones may have up to 20% of their required landscape area developed
for pedestrian and transit facilities subject to the approval criteria in TMC 18.52.120.C.
2.In order to provide flexibility of the site design while still providing the full amount of landscaping required by code, the front yard landscape
width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line if the
perimeter strip is a minimum of 10 feet and the landscape materials are sufficient to provide landscaping along the perimeter and
screening of the building mass.
3.Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor café-type seating and similar
features, subject to the approval criteria in TMC 18.52.120.C. Bioretention may also be used as required landscaping subject to the
approval criteria in TMC 18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to
pedestrian-oriented space.
4.Increased to 10 feet if any portion of the yard is within 50 feet of CR, or HDR.
5.Increased to 15 feet if any portion of the yard is within 50 feet of CR, or HDR.
6.Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage.
7.Increased to Type II if any portion of the yard is within 50 feet of CR, or HDR.
8.Increased to Type III if any portion of the yard is within 50 feet of CR, or HDR.
9.Minimum required front yard landscaped areas in the CR and HDR zones may have up to 20% of their required landscape area
10.Only required along public streets.
11.Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning.
12.In the CR and HDR districts and other districts where multifamily development is permitted, a community garden may be substituted for
some or all of the landscaping. In order to qualify, a partnership with a nonprofit (501(c)(3)) with community garden expertise is required
to provide training, tools and assistance to apartment residents. Partnership with the nonprofit with gardening expertise is required
throughout the life of the garden. If the community garden is abandoned, the required landscaping must be installed. If the garden is
located in the front landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street.
13.To accommodate the types of uses found in the C/Ll, LI, HI and MIC districts, landscaping may be clustered to permit truck movements
or to accommodate other uses commonly found in these districts if the criteria in TMC 18.52.120.D are met.
14.For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front landscaping may be reduced or eliminated if
buildings are brought out to the street edge to form a continuous building wall, and if a primary entrance from the front sidewalk as well
as from off-street parking areas is provided.
Section 12. TMC Section 18.52.050 Amended Ordinance Number 2741 §4 (part),
as codified at TMC 18.52.050, “Screening and Visibility, subparagraph A, “Screening”, is
hereby amended to read as follows:
A.Screening.
1.Screening of outdoor storage, mechanical equipment and garbage
storage areas and fences:
a.Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall
be a minimum of 8 feet high and not less than 60% of the height
of the material stored. The screens shall be specified on the plot
plan and approved by the Community Development Director. In
the MDR and HDR zones, outdoor storage shall be fully
screened from all public roadways and adjacent parcels with a
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high obscuring structure equal in height to the stored objects
and with a solid screen of exterior landscaping.
b. Ground level mechanical equipment and garbage storage
areas shall be screened with evergreen plant materials and/or
fences or masonry walls.
c. Fences. All fences shall be placed on the interior side of any
required perimeter landscaping.
2. A mix of evergreen trees and evergreen shrubs shall be used to
screen blank walls.
3. Evergreen shrubs and evergreen trees shall be used for screening
along rear property lines, around solid waste/recycling areas, utility
cabinets and mechanical equipment, and to obscure grillwork and
fencing associated with subsurface parking garages. Evergreen
shrubs and trees shall be pruned so that 18 inches visibility at the
base is maintained.
Section 13. TMC Section 18.5254.070 Amended Ordinance Number 2741 §4
(part), as codified at TMC 18.54.070, “Tree Replacement”, are hereby amended to read as
follows:
A. Replacement Exemption for Single-Family and Middle Housing Tree
Removal.
Except for Heritage Trees, the removal of Significant Trees within any 36-
month period on a property zoned Community Residential and improved with
a single-family or middle housing dwelling, is permitted, subject to the
requirements of Table A below.
Table A – Single Family and Middle Housing Tree Removal without
Replacement Limits
Trees (DBH)
# of Trees in 36 month period that can be removed
without replacement (1)
>6-8” 4
>8-18” 2
>18” 1 and no other trees
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Notes:
(1) A combination of trees of different sizes may be removed without
replacement so long as the total number of trees removed does not
exceed the number allowed for the largest tree removed in a 36-month
period. See Tree Permit Application for additional details.
B. Replacement Standards.
1.A. Each existing Significant, Exceptional, or Heritage Trees located on
property zoned Community Residential and improved with a single-family or
middle housing dwelling unit are subject to the requirements
herein:removed, including removal of trees in easements and rights -of-way
for the purposes of constructing public streets and utilities, Significant,
Exceptional, or Heritage trees shall be replaced with new tree(s), based on
the size of the existing tree as shown below in Table A, up to a maximum
density of 100 new trees per acre, generally 12 -15 feet apart. If the number
of required replacement trees exceeds site capacity, payment is required
into the City’s Tree Fund, in accordance with TMC 18.54.090..
2. Tree Replacement Ratios.
Table B (below) establishes tree replacement ratios when Significant,
Exceptional or Heritage Trees are removed. For properties zoned
Community Residential and improved with a single-family dwelling, when
the number of trees permitted to be removed in a 36-month period, as
shown in Table A, has been exceeded, the replacement ratios set forth
in Table B apply. Trees damaged due to natural disasters, such as wind
storms, hail, ice or snow storms, and earthquakes, are not required to be
replaced. Trees determined to be Defective by the City or a Qualified
Tree Professional, are not required to be replaced. Any tree removal on
undeveloped properties is subject to replacement ratios in Table B. Illegal
topping and pruning more than 25% in a
36-month period is subject to replacement ratios in Table B.
Table B A – Tree Replacement Requirements
Trees (DBH)
Replacement ratio for trees that are
subject to replacement
6-8” 1:1
>8-18”1:2
>18”1:3
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3. B. The property owner is required to ensure the viability and long -
term health of trees planted for replacement through proper care and
maintenance for the life of the site’s improvement. Replacement trees
shall always be considered significant trees for the purpose of tree
retention and replacement. Replaced trees that do not survive must be
replanted in the next appropriate season for planting.
4. C. Each Significant, Exceptional, or Hertitage Tree removed shall be
replaced pursuant to TMC 18.54.070 Table A within 6 months of the
date of tree removal or Tree Permit approval, whichever is most recent,
the Department may grant a single extension of up to one hundred
eighty (180) days if the applicant submits a written request for an
extension within the initial 6 month replanting period. If all required
replacement trees cannot be accommodated reasonably on the site,
the applicant shall pay into the Tree Fund in accordance with the
Consolidated Permit Fee Schedule adopted by resolution of the City
Council.
5. D. Tree replacement plantings shall follow also meet the
standards in TMC Section 18.54.1460.
Section 14. TMC Section 18.56.065 Amended. Ordinance Number 2765 §109 , as
codified at TMC 18.56.065 “Access and Parking Standards for Residential Uses in the CR
Zone” is hereby amended to read as follows:
A.The following standards shall apply to all residential uses within the CR zone.
1.A pedestrian path that leads to each door that provides ingress/egress
to a dwelling unit shall be provided. The path shall meet the following
minimum standards:
a.The minimum width shall be 6 feet.
b.The pedestrian path shall extend from the exterior door to the
nearest abutting public street, or private street for which the
inhabitants of the dwelling unit have legal right of use. The path
shall connect to any existing or proposed sidewalk that abuts the
property.
c.The pedestrian path shall either be paved with a permeable durable
uniform surface or with decorative stone, brick, or other similar
materials. Gravel shall not be permitted.
d.For residential uses other than townhouses, the pedestrian path
shall be separate and distinct from areas of the property used for
the parking or loading of motor vehicles.
e.The route of the pedestrian path shall be the shortest efficient and
logical route possible, while avoiding impacts to significant trees
and critical areas.
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f.Pedestrian pathways leading to dwelling units that are accessible
to those with disabilities shall not feature inaccessible design
elements such as stairs.
2.Each dwelling unit is permitted a maximum of one vehicular
driveway.
3.2. Preference shall be given to the following vehicular access point design
scenarios, in the order given. The applicant shall demonstrate why each
scenario is infeasible for the site, due to site specific circumstances that
are not the not the result of deliberate actions of the applicant or
property owner, before proposing the next preferable vehicular access
point scenario. For the purposes of this section, vehicular access points
include curb cuts.
a.First: The project proposes to reduce the total number of vehicular
access points to existing streets. This may be accomplished by
consolidating existing vehicular access points, both on-and off-
site.
b.Second. The project proposes the same total number of vehicular
access points to existing streets. This may be accomplished by
co-locating access with an existing vehicular access point, both
on-and off-site.
c.Third: The project proposes no more than one additional
vehicular access point to existing streets, with a maximum of
one vehicular driveway permitted per dwelling unit. This
single vehicular access point shall serve all dwelling units on
a parcel.
d.Last: The project proposes more than one additional
vehicular access point to existing streets.
4.3. Tandem parking spaces shall be permitted to satisfy minimum parking
requirements.
5.4. Recreational vehicles, boats, and trailers shall be parked, kept or stored
on an approved durable uniform surface and shall not be parked, kept
or stored in required front yard setbacks, except for a driveway.
Recreational vehicle parking in the side or rear yard setbacks is allowed,
provided no recreational vehicle prevents access by emergency
responders to all sides of a structure.
6.5. For parcels with street frontage: No more than 50% of the area of the
first 15 feet of the property from the street frontage may be covered with
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a driveway or surface parking area. The Director may approve
exceptions to this requirement for pie -shaped or other odd shaped lots
where it is infeasible to meet this requirement.
7.6. No more than six (6) motor vehicles shall be parked on a surface parking
area associated with a single dwelling unit for a period of more than 48
hours. The parking limitations in this subsection shall apply to all motor
vehicles as defined by state law with the exception of motorcycles and
mopeds.
Section 15 TMC Section 18.58.065 Established. TMC 18.58.065, “Temporary
Wireless Communication Facilities”, is hereby adopted to read as follows:
A. Permit Required:
1. A building permit is required to locate or install any temporary WCF on
private property within the City.
2. Except during a declared public emergency, a lease or site license
agreement is required to install any temporary WCF on City ‐owned property
within the City. Installation within the public right-of-way will also require an
associated right-of-way franchise agreement.
B. Temporary WCF’s shall only be allowed for:
1. The reconstruction of a permanent WCF and limited to a duration of 18
months from the date of approval unless an extension is requested at least 30
days prior to the expiration date; or
2. Large scale events and limited to the duration of the event, plus ten
days prior to the event and ten days after.
C. Special Development Standards:
1. Temporary WCF facilities shall be portable without a permanent
foundation unless they are building mounted. Building mounted
Temporary WCF facilities shall comply with all applicable development
standards in TMC Section 18.58.060(7)(e-g).
Section 16. TMC Section 18.60.040 (part) Amended Ordinance No. 2770 §15
(part) as codified at TMC 18.60.040, “Design Review Criteria Applicability”, are hereby
retitled and recodified as follows:
B. Single-Family, and Middle Housing and Accessory Dwelling Unit Uses:
All new single-family dwellings,and middle housing dwellings and accessory
dwelling units shall be evaluated using the design review criteria set forth in TMC
Section 18.60.060.
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Section 17. TMC Section 18.60.060 Amended Ordinance No. 2765 §123 as
codified at TMC 18.60.060, “Single-Family and Middle Housing Design Review Criteria”, is
hereby retitled and recodified to read as follows:
18.60.060. Single-Family and, Middle Housing and Accessory Dwelling Unit Design
Review Criteria.
A.Entrances.
1.Purpose: To ensure that entrances are easily identifiable, clearly visible, and
accessible from streets, sidewalks, and common areas, to encourage
pedestrian activity and enliven the street.
2.Applicability:The following standards apply to all residential building
facades that face a public or private street, except those that are
separated from the street by another building.
3.Standard:
a.Each residential structure must have at least one main entrance
fronting a public or private street, or within 10' of street facing
building facade.
b.Each unit with individual ground-floor entry and all shared entries
must have a covered porch or stoop that is at least 25 square feet
with the minimum dimension of 3'.
B.Windows.
1.Purpose: To maintain a lively and active street face while increasing safety
and general visibility to the public realm.
2.Applicability: The following standards apply to all building facades that face
a public or private street, except those that are separated from the street
by another building.
3.Standard:
a.Windows shall be provided in façades facing public or private streets,
comprising at least twenty percent of the façade area.
b.Window area is considered the entire area within, but not including, the
window casing, including any interior window grid.
c.Windows in pedestrian doors may be counted toward this standard.
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d.Windows in garage doors may not be counted toward this standard.
e.Open areas within covered porches may be counted toward this
standard.
C.Building Articulation.
1.Purpose: To ensure that buildings along any public or private street
display the greatest amount of visual interest and reinforce the
residential scale of the streetscape and neighborhood.
2.Applicability: The following standards apply to all building facades that
face a public or private street, except those that are separated from the
street by another building.
3.Standard:
a.Horizontal street-facing facades wider than forty feet must include at
least four of the following design features per façade. At least one
of these features must be used every forty feet.
(1)Varied building heights;
(2)Use of different materials;
(3)Different colors;
(4)Building perimeter offsets minimum of 4';
(5)Projecting roofs (minimum of twelve inches);
(6)Recesses, minimum of 3';
(7)Bay windows, must project a minimum of 1’ and cover at least 10%
of the facade. May project as much as 2', and cover up to 35% of
the facade;
(8)Variation in roof materials, color, pitch, or aspect;
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(9)Balconies, minimum of 25 square feet;
(10)Covered porch or patio; or
(11)Dormers.
D.Parking Facilities.
1.Purpose: To integrate parking facilities with the building and surrounding
residential context, promote pedestrian-oriented environments along
streets, reduce impervious surfaces, and preserve on-street parking and
street tree opportunities. To minimize the visual impact of garage
entrances. Garage entrances are limited as a percentage of the building
facade but a single car garage is always allowed. The provision for
allowing the garage door to be set back from front porches also
incentivizes front porches.
2.Applicability: The following standards apply to all garage entrances that
face a public or private street.
3.Standard:
a.The combined width of all street-facing garage doors may be
up to fifty percent (50%) of the length of the street-facing
building façade or ten feet per unit, whichever is greater. For
attached housing, this standard applies to the combined length
of the street-facing façades of all units. For all other lots and
structures, the standards apply to the street-facing façade of
each individual building.
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b.Street-facing garage walls must be set back at least three feet
from the primary street-facing building façade or five feet from
a covered porch.
c.Garage entrances shall use materials and colors that match
the residence.
d.Parking structures, garages, carports, and parking areas
other than driveways shall not be located between the
principal structure and streets.
E.Porches.
1.Purpose: To maintain a lively and active street face, reinforce the
residential scale of the streetscape and neighborhood, while
providing visual interest and community cohesion.
2.Applicability: The following standards apply to all residential building
facades that face a public or private street, except those that are
separated from the street by another building.
3.Standard: Covered porches may project eight feet into the front
yard setback, measured from supporting columns. To be granted
this allowance, qualifying sections of the porch must be entirely
covered by a weatherproof roof structure. Covered porch eaves
may project an additional two feet.
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F.Balconies.
1.Purpose: Ability to stack balconies over porches makes structural logic
and provides useful space for stacked flat and townhouse typologies.
2.Applicability: The following standards apply to all balconies in single-
family and middle housing development.
3.Standard: Balconies are permitted to be stacked over porches or other
balconies.
G.Bay Windows.
1.Purpose:Bay windows create visual interest and create usable interior
square footage without increasing a building’s overall street presence.
2.Applicability: The following standards apply to all residential building
facades.
3.Standard:
a.Bay windows may project up to two feet into side or front yard
setbacks.
b.Each bay window may be up to twelve feet wide and up to sixty
percent of the façade.
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H. Dormers.
1. Purpose: Dormers create visual interest and create usable interior
square footage without enlarging a building’s overall street
presence.
2. Applicability: The following standards apply to all residential building roofs.
3. Standard: Each dormer may be up to nine feet wide and the total
length of all can add up to 40% of the building length.
Section 18. TMC Section 18.70.050 Amended Ordinance No. 2765 §128, as
codified at TMC 18.70.050, “Nonconforming Structures”, is hereby amended to read as
follows:
A. Where a lawful structure exists at the effective date of adoption of this title
that could not be built under the terms of this title by reason of restrictions
on area, development area, height, yards or other characteristics of the
structure, it may be continued so long as the structure remains otherwise
lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that
increases its degree of nonconformity. Ordinary maintenance of a
nonconforming structure is permitted, pursuant to TMC Section
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18.70.060, including but not limited to painting, roof repair and
replacement, plumbing, wiring, mechanical equipment
repair/replacement and weatherization. These and other alterations,
additions or enlargements may be allowed as long as the work done
does not extend further into any required yard or violate any other
portion of this title. Complete plans shall be required of all work
contemplated under this section.
2. Should such structure be destroyed by any means to an extent of more
than 50% of its assessed value at time of destruction it shall not be
reconstructed except in conformity with provisions of this title, except
that residential structures that are nonconforming in regard to
dimensional standards, critical area buffers, use or density may be
reconstructed to their original dimensions and location on the lot.
3. Should such structure’s physical location be changed, for any reason or
any distance whatsoever, it shall thereafter conform to the regulations
for the zone in which it is located after it is moved.
4. When use of a nonconforming structure, or structure and premises in
combination, ceases for 24 consecutive months, the structure, or
structure and premises in combination, shall thereafter be required to
be in conformance with the regulations of the zone in which it is located.
Upon request of the owner, the City Council may grant an extension of
time beyond the 24 consecutive months.
5. If a structure containing a primary use is demolished, all remaining
dependent accessory structures on the parcel shall be removed, unless
a primary permitted use on the site is established within one year of the
demolition. A performance bond or financial security equal to 150% of
the cost of labor and materials required for the demolition of accessory
structures shall be submitted prior to issuance of any permit granting
demolition of a structure containing a primary use.
6. Residential structures and uses in existence at the time of adoption of
this title shall not be deemed nonconforming in terms of any
dimensional, use, or density provisions of this title.
7.6. In areas of potential geologic instability, coal mine hazard areas, and
buffers, as defined in the Critical Areas Overlay District chapter of this
title, existing structures may be remodeled, reconstructed or replaced,
provided that:
a. The construction is subject to the geotechnical report
requirements and standards of TMC Section 18.45.120.B
and 18.45.120.C;
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b. The construction does not threaten the public health, safety or
welfare;
c. The construction does not increase the potential for soil
erosion or result in unacceptable risk or damage to existing
or potential development or to neighboring properties; and
d. The structure otherwise meets the requirements
of this chapter. (Ord. 2741 § 4 (part), 2024; Ord.
2765 § 128, 2025)
Section 19. TMC Section 18.70.130 Repealed. Ordinance No. 2741 §4 (part), as
codified at TMC 18.70.130, “Cargo Containers”, is hereby repealed.
Section 20. TMC Section 18.80.020 Amended. Ordinance No. 2741 §4 (part), as
codified at TMC 18.80.020, “Comprehensive Plan Amendent Docket”, is hereby amended
to read as follows:
A. Purpose: The purpose of this section is to establish procedures, pursuant to
RCW 36.70A, for the review and amendment of the Comprehensive Plan.
1. The Growth Management Act, RCW 36.70A, provides that the
Comprehensive Plan amendments be considered no more than once a
year with limited exceptions. The Growth Management Act further provides
that all proposals shall be considered by the governing body concurrently
so the cumulative effect of the various proposals can be ascertained.
2. The Annual Comprehensive Plan Amendment Review Docket (“Annual
Review Docket”) will establish the annual list of proposed Comprehensive
Plan amendments and related development regulations that the City
Council determines should be included for review and consideration for any
given year.
3. Placement of an amendment request on the Annual Review Docket does
not mean the amendment request will be approved by the City Council.
B. Emergency Changes: If either the Department or the Council determines that a
proposed change is an emergency, the Department shall prepare the staff report
described below and forward the proposed change to the Council for immediate
consideration, subject to the procedural requirements for consideration of
amendments. An emergency amendment is a proposed change or revision that
necessitates expeditious action to address one or more of the following criteria:
1. Preserve the health, safety or welfare of the public.
2. Support the social, economic or environmental well-being of the City.
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3. Address the absence of adequate and available public facilities or services.
4. Respond to decisions by the Central Puget Sound Growth Management
Hearings Board, the state or federal courts, or actions of a state agency or
the legislature.
C. Docket Submittal Timeline: Any nNon-emergency applications, not proposed by
City staff or officials, to be considered during each year’s Annual Review Docket
shall be submitted by 5:00 p.m. on the first Monday of August of the preceding
year. Any application received after the submittal deadline shall be considered
during the following year’s Annual Review Docket.
Section 21. TMC Section 18.104.010 Amended. Ordinance No. 2765 §132 and
2741 §4 (part), as codified at TMC 18.104.010, “Classification of Project Permit
Applications”, is hereby amended to read as follows:
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for
the five different types are distinguished according to who makes the decision,
whether public notice is required, whether a public meeting and/or a public hearing
is required before a decision is made, and whether administrative appeals are
provided.
1. Type 1 Decisions are made by City administrators who have technical
expertise, as designated by ordinance. Type 1 decisions may be appealed
to the Hearing Examiner who will hold a closed record appeal hearing based
on the information presented to the City administrator who made the
decision.
TYPE 1 DECISIONS
TYPE OF PERMIT DECISION MAKER
Temporary Encampment Permit Revocation
(TMC 18.48) Director
Administrative Variance for Noise – 30 days or less
(TMC 8.22.120) Director
Any land use permit or approval issued by the City, unless
specifically categorized as a Type 2, 3, 4, or 5 decision by this
chapter
As specified by ordinance
Boundary Line Adjustment, including Lot Consolidation
(TMC 17.08)
Director
Critical Area Designation Permit (TMC 18.45.050) Director
Minor Modification of a Boundary Line Adjustment or
Lot Consolidation Preliminary Approval
(TMC 17.08.030)
Director
Development Permit Building Official
Minor Modification to PRD
(TMC 18.46.130) Director
Signs
(TMC 19.12.020) Director
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Tree Permit
(TMC 18.54) Director
Request for Landscape Modification
(TMC § 18.104)
Director
Critical Area Tree Removal and Vegetation Clearing
(TMC § 18.104)
Director
Shoreline Tree Permit
(TMC § 18.44.060)
Director
Wireless Communication Facility, Eligible Facilities
(TMC 18.58) Director
2. Type 2 Decisions are decisions that are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject
to an open record appeal to the Hearing Examiner, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board
pursuant to RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT
DECISION MAKER NOTICING REQUIREMENTS
Cargo Container Placement
(TMC 18.50.060) Director
Noticing not required.
Code Interpretation
(TMC 18.90.010) Director
Modification to Development Standards
(TMC 18.41.100) Director
Parking standard for use not specified (TMC
18.56.100),
and modifications to certain parking
standards
(TMC 18.56.065, .070, .120, 140)
Director
Request for Landscape Modification (TMC
18.52.120) Director
Critical Area Tree Removal and Vegetation
Clearing
(TMC 18.45.158)
Director
Shoreline Tree Permit
(TMC 18.44.060) Director
Master Sign Program
(TMC 19.32.030) Director
Minor Modification of a Preliminary Short
Subdivision
(TMC 17.12.030)
Director
Minor Modification of a Preliminary Long
Subdivision
(TMC 17.14.030)
Director
Final Long Subdivision
(TMC 17.14.050) Director
Modification to TUC Corridor Standards
(TMC 18.28.110.C) Director
Modification to TUC Open Space Standards
(TMC 18.28.250.D.4.d) Director
Transit Reduction to Parking Requirements
(TMC 18.28.260.B.5.b) Director
Wireless Communication Facility, Macro
Facilities – No New Tower
(TMC 18.58.060)
Director
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Temporary Encampment Permit
(TMC 18.48) Director
Type:
Notice of Application
(TMC 18.104.080)
Method of Notice:
Posted
(TMC 18.104.110)
*Additional Notice Requirements
for Shoreline Applications (TMC
18.104.090(2))
Critical Areas (except Reasonable Use
Exception)
(TMC 18.45)
Director
Shoreline Substantial Development Permit*
(TMC 18.44) Director
Design Review
(TMC 18.60.020) Director
Short Subdivisions
(TMC 17.12)
Short Subdivision
Committee
Administrative Planned Residential
Development
(TMC 18.46.110)
Short Subdivision
Committee
Binding Site Improvement Plan
(TMC 17.16)
Short Subdivision
Committee
3. Type 3 Decisions are quasi-judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to
Superior Court, except for shoreline variances and shoreline conditional
uses that may be appealed to the State Shorelines Hearings Board pursuant
to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT DECISION MAKER NOTICING REQUIREMENTS
Uncertain zone district boundary
(TMC 18.08.040) Hearing Examiner
Type:
Notice of Application
(TMC 18.104.080)
&
Notice of Hearing
(TMC 18.104.190)
Method of Notice:
Posted
(TMC 18.104.110)
&
Mailed
(TMC 18.104.120)
*Additional Notice Requirements
for Shoreline Applications
(TMC 18.104.090(2))
Variance
(TMC 18.72) Hearing Examiner
TSO Special Permission Use
(TMC 18.41.060) Hearing Examiner
Conditional Use Permit
(TMC 18.64) Hearing Examiner
Modifications to Certain Parking Standards
(TMC 18.56) Hearing Examiner
Reasonable Use Exceptions under Critical
Areas Ordinance
(TMC 18.45.180)
Hearing Examiner
Variance for Noise in Excess of 30 Days
(TMC 8.22.120) Hearing Examiner
Variance from Parking Standards over 10%
(TMC 18.56.140) Hearing Examiner
Sign Variance
(TMC § 18.72.030) Hearing Examiner
Preliminary Long Subdivision
(TMC 17.14.020) Hearing Examiner
Wireless Communication Facility, Macro
Facility – New Tower
(TMC Chapter 18.58.070)
Hearing Examiner
Shoreline Conditional Use Permit*
(TMC 18.44.110) Hearing Examiner
Shoreline Variance
(TMC § 18.44.110.F) Hearing Examiner
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4. Type 4 Decisions are quasi-judicial decisions made by the City Council
following an open record hearing. Type 4 decisions may be appealed only to
Superior Court.
TYPE 4 DECISIONS
TYPE OF PERMIT
DECISION MAKER NOTICING REQUIREMENTS
Planned Residential Development
(PRD), including Major Modifications
(TMC 18.46)
City Council
Type:
Notice of Application
(TMC 18.104.080)
&
Notice of Hearing
(TMC 18.104.190)
Method of Notice:
Posted
(TMC 18.104.110)
&
Mailed
(TMC 18.104.120)
Critical Area Master Plan Overlay
(TMC 18.45.160) City Council
Unclassified Use
(TMC 18.66) City Council
5. Type 5 Decisions are legislative decisions made by the City Council following
an open record hearing. Type 5 decisions may be appealed only to Superior
Court or the Growth Management Hearings Board.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION MAKER NOTICING REQUIREMENTS
Comprehensive Plan Amendment
(TMC 18.80)
City Council
Type:
Notice of Application
(TMC 18.104.080 and TMC
18.80)
&
Notice of Hearing
(TMC 18.104.190)
Amendments to Development Regulations
(TMC 18.82)
Development Agreement (TMC 18.86)
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Site Specific Rezones, with
Accompanying Comprehensive Plan Map
Changes
(TMC 18.84)
City Council
Type:
Notice of Application
(TMC 18.104.080 and TMC
18.84)
&
Notice of Hearing
(TMC 18.104.190)
Method of Notice:
Posted
(TMC 18.104.110)
&
Mailed
(TMC 18.104.120)
Section 22. TMC Figure 18-13 Repealed. Ordinance No. 2741 §4 as codified at TMC
Figure 18-13, “Housing Option Program Standards”, is hereby repealed.
Section 23. TMC Figure 18-6 Amended. Ordinance No. 2741 §4 as codified at TMC
Table 18-6, “Land Uses Allowed by District”, is hereby amended to read as referenced in
Exhibit A.
Section 24. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 25. 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 26. 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 (5) 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 _________________, 202 6.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
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Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Exhibit A - Table 18-6, “Land Uses Allowed by District”
46
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Exhibit A – Table 18-6: Land Uses Allowed by District
Any reference to Table 18-2 is understood to refer to Table 18-6. See Figure 18-1 for the Shoreline Use Matrix.
Land Use Designations
Commercial Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Adult Day Cares A A A A A A A P
Adult Entertainment
subject to location restrictions1 P P P P P P P
Amusement Parks C C C C C P
Animal Shelters & Kennels
subject to additional State & local regulations. no permit
required for fewer than 4 cats/dogs. C C C C C C C
Animal Veterinaries
including associated temporary indoor boarding. access
to an arterial required, P P P P P P P P P P P P P P
Bed & Breakfast Lodging
no size limit specified C P P P P
Bed & Breakfast Lodging
not more than twelve guests5 C C P P P
Day Care Centers P P P P P P P P P P P P P P P P P P P
Drive-In Theatres C C C C C
Drive-Throughs A A A A A A A A A A42 A A
Eating & Drinking Establishments P P P P P P P P P P P P P P P P P P43
Electric Vehicle Charging Stations
Level 1 & Level 2 A A A A A A A A A A A A A P P A A A A A
Electric Vehicle Charging Stations
Level 3 & battery exchange stations & rapid charging
stations
see TMC 18.50.140
A A A A A A A P P P P P P P P A P42 A A A
47
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations
Commercial Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Extended-Stay Hotels P P P P P P P P P
Farming & Farm-Related Activities P P
Greenhouses or Nurseries commercial P P P P P P P
Home Occupations see TMC 18.50.240 A A A A A A A A A A A A A A
Hotels P34 P P P P C C P P P P P
Laundries
commercial P P P P P P
Laundries self-serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P P P P P P
Marijuana Producers or Processors
State issued license required P P P19
Marijuana Retailers State issued license required P P P P19 P P
Morticians & Funeral Homes P P P P P C
Motels P P P P C C P P P P P
Nightclubs P P P P P P P P41 P P
Offices
including professional, outpatient medical/dental,
government services, research, banking, real estate, or
other similar uses
P22 P P22 P P P P P P P9
C10
P24
C25 P P P P P P P
Parking
commercial & principal or primary use P7 P7 P36 P7 P7 P P P P45 P45 P45 P45 P45
Pawnbrokers / Payday Lenders C P P P P P
Recreation Facilities
commercial & indoor
maximum usable floor area of 10,000 square feet
P P P P P P P P C3 P P P P P P P P
Recreation Facilities
commercial & indoor
no usable floor area maximum
C C P P P P P P P P P
48
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations
Commercial Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Recreation Facilities commercial & outdoor C C C C P
Retail
General Retail & Services P P4 P P P P P P P C3 C3 P P P P P P P
Theaters not including “Adult Entertainment Establishments” P P P P P P P P31 P P P
Vehicle Fueling Stations
and typical appurtenances, including car washes P P P P P P P P42 P P
Vehicle Maintenance Facilities not including vehicle fueling or major repair P P P P P P P P P41 P
Vehicle Rental Facilities
non-CDL vehicles P36 P P P P P P P P P P42 P
Vehicle Rental Facilities CDL vehicles P P P P P P P
Vehicle Sales Lots2 P P P P P P P P42 P P
Vehicle Storage (no customers onsite) does not include park-and-fly operations P
Continued next page
49
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations Residential Uses53 CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Convalescent & Nursing Homes & Assisted Living Facilities P P P P P P P55 P P
Daycare Family Home (Family Child Care Home)12 and/or
Adult Family Homes within parcels containing two or fewer dwelling units A A A A A A A A A A55 A A A A
Diversion Facilities & Diversion Interim Services Facilities south of Strander Blvd only U
Domestic Shelters P P P P
Dormitories accessory to permitted use C C A A A A A A A A A A A55 A A
Dwellings Co-living Housing 52 P P P P P P P P55 P P P P46
Dwellings Cottage Housing P P P P P
Dwellings Courtyard Apartments P P P P P
Dwellings Detached Single Family P P P47 P47 P47 P47 P55
Dwellings Detached Zero-Lot Line Units P P P P
Dwellings Duplex, Triplex or Fourplex, Fiveplex or Townhouse40 P P P P P55
Dwellings Multi-Family (mixed-use) P P P P P C15 P55 P P P P46
Dwellings
Multi-Family (single-use) P P P P55 P P P P46
Dwellings
Senior Citizen Housing / Assisted Living Facility
P
60/a
c
P
60/a
c
P P
P
60/a
c C15 P55 P P P P46
Dwellings
Stacked Flat P P P P P
Dwellings
Townhouses P P P P P P55 P P P P46
Dwellings
Accessory 16 A A A A A A A55
Emergency Housing & Emergency Shelters 37 P P P P P P P P P55 P P P
50
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations Residential Uses53 CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Garages or Carports (private) not exceeding 1,500 square feet A
Greenhouses & Storage Sheds (noncommercial) not exceeding 1,000 square feet A A A
Manufactured & Mobile Home Parks 17 P
Permanent Supportive Housing 38 P P P P P P P P P P P P P P P 55 P P P P46
Residences for Security or Maintenance Personnel A A A A A A A A A A A A A55
Secure Community Transition Facilities 28 U
Tiny Home Villages 39 P P P P P P P P P P P P P55
Transitional Housing 38 P P P P P P P P P P P P P P P 55 P P P P46
Continued next page
51
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations
Industrial Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Animal Rendering U P
Cargo Containers see TMC 18.50.060 A&S A&S A&S A&S A&S P P P P P A
Cement Manufacturing U U U U U U
Contractor Storage Yards P P P P P P
Etching, Film Processing, Lithography, Printing & Publishing P P P P P P P P P
Hazardous Waste Treatment & Storage Facilities (off-site) (subject to compliance with state siting criteria. See RCW Chapter 70.105 & TMC 21.08) C C
Heavy Equipment Repair & Salvage P P P P P P
Industrial Uses, Heavy not otherwise listed see TMC 18.06.44752. C C P C P C
Industrial Uses, Light not otherwise listed see TMC 18.06.446.51 P P P P P P P P P43
Internet Data/Telecommunication Centers P P P P P P P
Manufacturing and/or Assembly that Includes: rock crushing / asphalt or concrete batching or mixing / stone cutting / brick manufacturing / marble works C C P C P C C
Manufacturing, Refining or Storing: highly volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory
storage
U U U U
Medical & Dental Laboratories P P A P P P P P P P P P P
Minor Expansion of an Existing Warehouse 20 S
Removal & Processing of:
sand, gravel, rock, peat, black soil & other natural deposits
together with associated structures
U U U U U U
Research & Development Facilities P P54
52
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations
Industrial Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Sales & Rental Facilities of Heavy Machinery & Equipment 50 P P P P P P P
Salvage & Wrecking Operations P49 P49 P P49 P C
P49
Self-Storage Facilities P P P P P P P P P
Storage (outdoor) of:
materials allowed to be manufactured or handled within facilities conforming to uses under this chapter 50 P P P P P P P P A
Storage (outdoor) of: any materials not otherwise listed. 51 P P P C C
Tow-Truck Operations subject to all additional State & local regulations P P P P P P P
Truck Terminals P P P P P P
Warehouse Storage and/or Wholesale Distribution Facilities P P P P P P P P P
Continued next page
53
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations Transportation, Communication, and Infrastructure Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Airports, Landing Fields & Heliports except emergency sites U U U U U U U
Hydroelectric & Private Utility Power Generating Plants U U U U U U U U
Park & Ride Lots operated by a public agency C C A A C C C C C C C C U U U U
Parking Areas for any use not otherwise listed A A A A A A A A A A A A A A A A A A A A
Parking Areas for Municipal Uses & Police Stations C C C C C C C C C C C C C C P
Radio, Television, Microwave, or Observation Stations & Towers C C C C C C C C C C C C C C C C C C C C
Railroad Freight or Classification Yards U U U U
Railroad Tracks including lead, spur, loading or storage P P P P P P
Telephone Exchanges & Internet Data Centers P P P P P P P P P P P
Transfer Stations refuse & garbage, operated by a public agency U U U U
Transit Facilities bus and/or rail C C C C C P P P P P P P P P P P P P P P
Utility Facilities
above ground C C C C C C C C C C C C C C P C C C C P
Utility Facilities
under ground P P P P P P P P P P P P P P P P P P P P
Vertical Take-Off & Landing Pads
as accessory uses C48 C
Wireless Telecommunications Facilities
see TMC 18.58 P P P P P P P P P P P P P P P P P P P P P
Continued next page
54
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations
Civic & Institutional Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Cemeteries & Crematories C C C C C C C C C C
Colleges & Universities C C C C C C C C C6 C6 C6 P P P P
Convention & Exhibition Facilities including Multipurpose Arenas P P P P P P P P P42 P
Correctional Institutes U11 U U U
Cultural Facilities including Libraries, Museums, Art Galleries, Performing Arts Centers C P P P C P P P P P P P P P P P P P
Fire & Police Stations C C C C C C C C C C C C C C P C C C P P
Golf Courses publicly owned& operated P
Hospitals C C C C C C C C P
Parks, Trails, Community Centers, Sports Courts not including Amusement Parks, Golf Courses, or Commercial Recreation P44 P44 P44 P44 P44 A
P44
A P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44
Religious Institutions less than 750 sf of assembly area C C P P P P P P P P P P P P P P P P
Religious Institutions
greater than 750 sf of assembly area C C C C C C C C C C C C C C C C C C
Sanitariums
or similar institutes C
Schools
public or private, elementary through high school C C C C C C C C P9
C10 C C P44 P P P
55
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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Land Use Designations Miscellaneous Uses CR HDR MUO O RCC NCC RC RCM C/L I LI HI MIC/
L
MIC/
H TVS TSO PRO TUC
RC
TUC
TOD
TUC
P
TUC
CC
TUC
WP
Essential Public Facilities not otherwise listed U U U U U U U U U U U U U U U U U U U U
Landfilling & Excavating
which has received a Determination of Significance pursuant to the State Environmental Policy Act U U U U U U U U U U U U U U
Stables private A29 A29 P
Note: For uses not specifically listed in Table 18-6, the Director of Community Development will determine whether the use may be permitted in a zoning district. The Director
shall consider whether the proposed use is:
a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and
b. Consistent with the stated purpose of the zone; and
c. Consistent with the policies of the Tukwila Comprehensive Plan.
1. Adult entertainment establishments are permitted, subject to the following location restrictions:
a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any CR, HDR, MUO, O, NCC, RC, RCM or TUC zone districts or any other residentially-zoned property;
(2) In or within one-half mile of:
(a)Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and
(b)Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a)public park, trail or public recreational facility; or
(b)church, temple, synagogue or chapel; or
(c)public library.
b.The distances specified in this section shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use
is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed l and use is to be separated.
c.No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establis hment. The distance specified in this section
shall be measured by following a straight line between the nearest points of public entry into each establishment.
2. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses.
4. Retail sales as part of a planned mixed-use development where at least 50% of gross leasable floor area development is for office use; no auto-oriented retail sales (e.g.
drive-ins, service stations).
5. Bed and breakfast facilities, provided:
a.the manager/owner must live on-site,
56
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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b.the maximum number of residents, either permanent or temporary, at any one time is twelve,
c.two on-site parking spaces for the owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers,
d.the maximum length of continuous stay by a guest is 14 days,
e.breakfast must be offered on-site to customers, and
f.all necessary permits or approvals are obtained from the Health Department.
6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use.
7. Commercial parking; provided it is:
a.a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and
commercial environments are not negatively impacted by the parking use; or
b.a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides
effective visual screening from adjacent streets.
9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with
an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics.
10. Offices including, but not limited to, software development and similar uses, financial services, schools for profession al and vocational education if associated with
an established aviation, manufacturing or industrial use, 20,000 square feet and over.
11. Correctional institution operated by the City of Tukwila.
12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone.
15. Dwelling - Multi-family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non-industrial in
nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
16. See TMC Section 18.50.220 for accessory dwelling unit standards.
17. Manufactured/mobile home park, meeting the following requirements:
a.the development site shall comprise not less than two contiguous acres;
b.overall development density shall not exceed eight dwelling units per acre;
c.vehicular access to individual dwelling units shall be from the interior of the park; and
d.emergency access shall be subject to the approval of the Tukwila Fire Department.
19. Where the underlying zoning is HI or TVS.
20. Minor expansion of an existing warehouse if the following criteria are met:
a.The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; and
b.The proposed expansion will not increase any building dimension that is legally non-conforming; and
c.Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; and
d.The proposed expansion must be constructed within two years of the date of approval; and
e.The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; and
f.All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located.
22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above.
24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC).
25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions:
a.New Office Developments:
(1)New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003.
57
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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(2)No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone
office uses are shown in Figure 18-12.
b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be
recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of
the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code.
28. Secure community transition facility, subject to the following location restrictions:
a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
(2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as
amended, that include:
(a)Public and private schools;
(b)School bus stops;
(c)Licensed day care and licensed preschool facilities;
(d)Public parks, publicly dedicated trails, and sports fields;
(e)Recreational and community centers;
(f)Churches, synagogues, temples and mosques; and
(g)Public libraries.
(3) One mile from any existing secure community transitional facility or correctional institution.
b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC
18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities.
c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to
RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be
located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.
d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002,
are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk
sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application.
29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or
pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot.
31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more
than three screens will require a Special Permission Permit. Approval of the Special Permission permit will require the applicant to demonstrate through an economic analysis
that the theater:
a.will not have a significant financial impact on any other theater in Tukwila; and
b. will be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; and
c. will be substantially in conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan;
d. has taken all measures to minimize the possible adverse impacts the proposed theater may have on the area in which it is located.
58
P = Permitted (See TMC 18.06.880)
A = Permitted as an accessory use (See TMC 18.06.870)
C = Requires a Conditional Use Permit (See TMC 18.06.875 and TMC 18.64)
U = Requires an Unclassified Use Permit (See TMC 18.06.890 and TMC 18.66)
S = Requires Special Permission Permit (Administrative approval by the Director)
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34. Permitted if the following are provided: a full-service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby,
and a minimum 90 rooms.
36. South of SR 518 only. No surface parking.
37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270.
38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270.
39. Tiny Home Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.2540 and 18.50.270.
40. Subject to meeting underlying density allowances for unit type.
41. New businesses are limited to locations within the Freeway Frontage Corridor. See additional design standards in the Southcenter Design Manual.
42. East of the Green River only.
43. 3,500 sf max per use.
44. Public only.
45. Day use only.
46. Only on properties fronting the Green River or Minkler Pond.
47.One detached single family dwelling per existing lot permitted in MUO, O, RCC, TVS.
48. South of SR 518 only.
49. Operations must be entirely enclosed within a building.
50. Screening in accordance with TMC 18.52 required.
51.Permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet. Security required.
52. Permitted only on parcels for which the underlying zoning district permits 6 or greater dwelling units. Co-living sleeping units are permitted at four times the permitted
dwelling unit density of the zone.
53. Residential units developed on land owned or controlled by a religious organization are permitted additional density, consistent with RCW 35A.63.300.
54.Research and development uses shall be located at least 50 feet from all property lines shared with any parcel that features residential uses. For the purposes of compliance
with TMC 8.22 “Noise”, any sound producing parcel developed with a “Research and Development” use shall be considered to be within an industrial district,
and any sound receiving parcel developed with a residential use shall be considered to be within a “Residential” district.
55. Residential uses shall be located at least 50 feet from all property lines shared with any parcel that features research and development uses. For the purposes of compliance
with TMC 8.22 “Noise”, any sound producing parcel developed with a “Research and Development” use shall be considered to be within an industrial district, and any sound
receiving parcel developed with a residential use shall be considered to be within a “Residential” district.
59
2026 Legislation: Title 19/Updating Definitions Page 1 of 3
Version: 06/02/2026
Staff: N. Tabor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING REFERENCES
PURSUANT TO CHANGES IN ZONING DISTRICTS AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS
19.08.180 and 19.08.225; “MULTI-FAMILY COMPLEX” AND
“RESIDENTIAL ZONE”; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (“TMC”) Title 19 regulates Sign and Visual
Communication Code in the City of Tukwila; and
WHEREAS, ordinance 2762 rezoned the Low Density Residential (LDR) and
Medium Density Residential (MDR) zoning districts to Community Residential (CR); and
WHEREAS, the City desires to ensure consistency through the Tukwila Municipal
Code; and
WHEREAS, on June 4, 2026, the City’s State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, the Tukwila City Council held a property noticed public hearing on July
13, 2026; and
WHEREAS, on July 20, 2026, after considering the analysis and proposed code
amendments prepared by City Staff, and the public comments received, the City Council
desire to adopt code amendments as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
DRAFT
Attachment 5
60
2026 Legislation: Title 19/Updating Definitions Page 2 of 3
Version: 06/02/2026
Staff: N. Tabor
Section 1. Adoption of Findings of Fact. The City Council finds as follows:
A.The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as
Findings of Fact in support of the adoption of this ordinance.
B.The amendments that are established below comply with the requirements of the
Washington State Growth Management Act and the Tukwila Municipal Code.
Section 2. TMC Section 19.08.180 Amended. Ordinance No. 2742 §3 (part), as
codified at TMC 19.08.180, “Multi-Family Complex” is hereby amended as follows:
"Multi-family complex" means any structure or group of structures within a non-CR
residential zone that contains at least five dwelling units.
Section 3. TMC Section 19.08.180 Amended. Ordinance No. 2742 §3 (part), as
codified at TMC 19.08.225, “Residential Zone” is hereby amended as follows:
"Residential zone" means any area of the City zoned LDR, MDR CR or HDR.
Section 4. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force 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 ___________________, 2026.
[signatures to follow]
61
2026 Legislation: Title 19/Updating Definitions Page 3 of 3
Version: 06/02/2026
Staff: N. Tabor
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
62
2026 Legislation: DCD Update – CAR Update
Version: 06/05/26
Staff: N. Tabor Page 1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING THE CRITICAL
AREAS DESIGNATION FEE IN ALIGNMENT WITH
RECENT CHANGES TO THE TUKWILA MUNICIPAL
CODE.
WHEREAS, the City Council adopted Resolution No. 2105 on November 25, 2024,
establishing the City’s current consolidated permit fee schedule; and
WHEREAS, the City Council adopted Resolution No. 2124 on October 20, 2025,
further updating the permit fee schedule; and
WHEREAS, the City is authorized by RCW 82.02.020 to recover the City's costs for
reviewing and processing permit applications; and
WHEREAS, certain sections of Title 18, “Zoning” were updated last year to establish a
new “Critical Areas Designation” permit process; and
WHEREAS, proposed amendments to Title 18 providing more flexibility to applicants are
not consistent with the current Land Use Fee Schedule; and
WHEREAS, the City's Land Use Fee Schedule needs to be updated to reflect these
changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 2124 is hereby amended to revise Section 1, “Land Use Fee
Schedule,” of the Consolidated Permit Fee Schedule under the section “Environmental
Review” to amend and reorder the following row:
DRAFT
$WWDFKPHQW
63
2026 Legislation: DCD Update – CAR Update
Version: 06/05/26
Staff: N. Tabor Page 2 of 2
Permit Type and Subtypes
Hearing
Examiner
Fee
2026 Fees
Permit
Type
ENVIRONMENTAL REVIEW
Critical Areas Designation $2,676.17 1
State Environmental Policy Act (SEPA)
SEPA Checklist $2,616.09
SEPA - EIS $4,581.56
SEPA - Planned Action $901.12
SEPA - Addendum $901.12
SEPA Exemption Letter $536.14
Environmentally Critical Areas
Critical Areas Designation Consultant Cost +
$300.00 1
Critical Areas Deviation, Buffer Reduction $2,290.78 2
• Reduced fee for owner occupied
properties, no associated short plat $901.12 2
Critical Areas Reasonable Use Exception +HE $4,581.56 3
Environmentally Critical Area Master Plan
Overlay +HE $7,638.57 3
Section 2. Effective Date. This resolution and the fee schedules contained shall be
effective from the date of this ordinance.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this _______ day of _________________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Armen Papyan, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
64
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
June 8 , 2026, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams
Councilmembers Present : Kate Kruller, Chair; Jo Camacho, Jane Ho
Staff Present: Laurel Humphrey, Pete Mayer, Nora Gierloff, Neil Tabor, Nick Wagoo d
Guest: Dorsol Plants, SKHHP
Chair Kruller called the meeting to order at 5:30 p.m .
BUSINESS AGENDA
A.Resolution : South King Housing & Homelessness Partners Work plan and Budget
Staff is seeking approval of a resolution to adopt SKHHP ’s 2027 work plan an d operating
budget.
Committee Recommendation
Unanimous approval. Forward to June 15, 2026 Regul ar Consent Agenda.
B.Or dinance : Rental Housing Regulations
Staff is seeking approval of an ordinance amending TMC 5.06 to include an inspection incentive
program allowing well -managed properties to reduce the number of unit s to be ins pected at
the four-year inspection cycle.
Committee Recommendation
Unanimous approval. Forward to July 13, 2026 Committee of the Whole .
C.Miscellaneous Code Amendments
Staff is seeking approval of five ordinances and one resolu tion to correct inconsi stencies and
provide clarity to better align certa in regulations with desired outc omes.
Committee Recommendation
Unanimous approval. Forward to July 13, 2026 Committee of the Whole .
MISCELLANEOUS
The meeting adjourned at 6:52 p.m.
Committee Chair Approval
65
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item 2016 Unlimited Tax General Obligation (UTGO) Refunding
Sponsor Aaron BeMiller, Finance Director
Legislative History
August 10, 2026 Special Meeting
Recommended Motion ☐Discussion Only ☒Action Requested
MOVE TO adopt an ordinance providing for the issuance and sale of
one or more series of unlimited tax general obligation bonds.
EXECUTIVE SUMMARY
Bond refunding is a financial and debt management strategy governments use to lower interest costs
on current debt to reduce debt service costs and save money. Like refinancing a mortgage, the City
would issue new debt to pay off, or decrease, current debt. The new debt will include lower interest
rates which will reduce interest costs over the remaining life of the bond. As of May 28, 2026, the net
present value savings over 10 years is $1,483,239 or a 6.89% savings from the current bond. Bond
rates change daily and per policy, we will not continue to pursue a refunding if the overall percent
savings falls below 3%. Should rates shift unfavorably before pricing, we have the flexibility to pause
the transaction to protect the City’s interests. Staff is requesting this item be forwarded to the July 13,
2026, Committee of the Whole Meeting for further consideration
DISCUSSION
On November 8, 2016, voters approved a $77.385 million bond measure to implement the City’s Public
Safety Plan to include funding a Justice Center, rebuilding three (3) fire stations, and providing fire
apparatus and life-safety equipment replacement. In 2016, the City issued UTGO (Unlimited Tax
General Obligation) debt in the amount of $32,990,000 with a final maturity in 2036. Payment for this
voter approved UTGO debt comes from property owners via an excess levy approved by Council
annually. As a UTGO refunding, the savings over the life of the bond will lower the amount of the
excess levy property owners pay.
The City’s debt policy allows for refunding debt when the following conditions are met a) net present
value (NPV), a metric used to compare the present value of future payments, of the overall savings is
over 3% and b) the final maturity date of the obligation is not extended. Our refunding strategy meets
both of those criteria.
The 2016 bonds were issued with a redemption date or “call date” 10-years after issuance. The call
date for the 2016 bonds is December 1, 2026. Since the City will be redeeming these bonds as a
current refunding (within 90 days of the call date) we can take advantage of issuing tax-exempt bonds.
The schedule of events has a bond closing date of September 10, 2026.
June 8, 2026 Finance & Governance Committee
July 13, 2026 Committee of the Whole
5.B.
66
https://tukwilawa.sharepoint.com/sites/clerksintranet/Council Agenda Items/06-08-26 FIN/Bond Refunding/Agenda Bill_Bond Refunding_Final.docx
The finance department has engaged our municipal advisor, Piper Sandler; Bond Counsel, Pacifica
Law Group; and underwriter, KeyBanc Capital Markets, to serve as the City’s refunding team. The City,
along with the refunding team, began work on this process in May. Key upcoming dates:
July 13 – Committee of the Whole
Week of July 27 – Bond rating presentation with Standard & Poor’s (S&P)
August 6 – Bond rating due from S&P
August 10 – Bond Ordinance approved by City Council
August 26 – Bond sale date
September 10 – Bond closing and delivery of bond proceeds
FINANCIAL IMPACT
Expenditures: $1.483 million NPV savings over life of bond, as of 5/28/26
Fund Source: Voter approved excess levy.
ATTACHMENTS
A. Presentation
B. Draft Bond Ordinance
C. Debt Policy – Resolution No. 2120
67
July 13, 2026 | Bond Issuance Process/Refunding Mechanics
City of Tukwila
Committee of the Whole
Justin Monwai
Managing Director
+1 206 628-2899
justin.monwai@psc.com
68
01
Debt Profile/Refunding Savings
69
Piper Sandler | 2
Unlimited Tax General Obligation Bonds, 2016
•Original Issuance Amount: $32,990,000
•Principal Amount of Callable Bonds: $21,520,000
•Maturities: December 1, 2027 – 2036
•Average Coupon of 2016 Bonds: 4.62%
•Call Date and Price: December 1, 2026 @ par
•Assumes tax-exempt current refunding based on interest rates as of July 2, 2026
Summary of Refunding Results
Summary of Refunding Results Public Sale
Average Annual Savings $180,765
All-In True Interest Cost (TIC)3.28%
Nominal Savings $1,814,214
Net PV Savings $1,529,479
% Savings 7.11%
70
Piper Sandler | 3
How Does a Refunding Work?
Issuer
(City of Tukwila)
Year
2023
2024
2025
2026
2027
2028
2029
2030
Existing Bond Schedule
Principal Interest
•Call Feature determines which bonds are callable. In the example, bonds 2027
through 2030 can be redeemed early.
•Bonds can be either advance or current refunded depending on time to call date.
December 1, 2026
Call Date
Issue
Refunding
Bonds
Proceeds used to
fund escrow and call
existing bonds at the
call date
Issuer pays lower
interest rates offered
by new investors
$500,000
$500,000
$500,000
$500,000
$500,000
$500,000
$500,000
$500,000
5%
5%
5%
5%
5%
5%
5%
5%
Year
2023
2024
2025
2026
2027
2028
2029
2030
Refunding Bond Schedule
Principal Interest
$500,000
$500,000
$500,000
$500,000
4%
4%
4%
4%
71
02
Bond Issuance Process
72
Piper Sandler | 5
•A bond is a form of a borrowing, similar to but different than a loan
•Bonds represent a debt obligation that is being paid back over time
•Bondholders typically receive semi-annual payments from the issuer of the bonds over the life of the bonds
•At the maturity date of the bond, bondholders are paid back the principal of the bond, along with any
interest they are owed
•Bonds are typically used for capital projects with a long useful life and can be refunded/refinanced
•Publicly sold bonds are purchased from the municipal issuer by an underwriting firm (investment bank) and
sold to investors such as money managers, institutional investors and retail
What is a Municipal Bond?
Investment to finance the project
Tax collectionsPrincipal + Interest
Repayments
Investors
Municipal Bond
Flow of Funds
73
Piper Sandler | 6
Refunding Team
Special Counsel that prepares all legal
documents related to the bond issuance
Bond
Counsel
Municipal
Advisor
Provides fiduciary oversight and helps guide the issuer
through the process to protect issuer’s financial interest.
Underwriter
Investor(s)
Escrow
Agent
Connects the issuer with the investors and can help
provide advice on structure, timing and terms.
A bank trust department acts as an escrow agent
and holds refunding bond proceeds in an escrow
account to pay existing bond holders until the call
date.
Issuer
(City of Tukwila)
74
Piper Sandler | 7
Debt Issuance Flow
Financing Team
•Hire / Call Bond Counsel, Municipal Advisor and Underwriting Firm
Develop Plan of Finance
•Determine borrowing amount and how it fits with existing and future debt
•Where to obtain the funding
Prepare Documents
•Bond Ordinance
•Official Statement
•Rating Presentation
•Conduct due diligence call
Sale
•Interest rates are set
•Bond Purchase Agreement signed (underwritten)
Closing
•Funds Available
75
Piper Sandler | 8
•A credit rating is an opinion about the relative risk and potential for
default associated with a particular security
•A credit rating is expressed in alphanumeric symbols across a
spectrum from highest to lowest
Overview of Credit Ratings
Aaa AAA AAA
Aa1 AA+AA+
Aa2 AA AA
Aa3 AA-AA-
A1 A+A+
A2 A A
A3 A-A-
Baa1 BBB+ BBB+
Baa2 BBB BBB
Baa3 BBB-BBB-
Ba1 BB+BB+
Ba2 BB BB
Ba3 BB-BB-
B1 B+B+
B2 B B
B3 B-B-
Caa1 CCC+ CCC+
Caa2 CCC CCC
Caa3 CCC- CCC-
Ca CC CC
C C C
D D D
In
v
e
s
t
m
e
n
t
G
r
a
d
e
Sp
e
c
u
l
a
t
i
v
e
G
r
a
d
e
Credit Rating Scale by AgencyWhat are they?
•A credit rating is not a recommendation to buy, sell or hold a
particular security
•Ratings are not required, although they are helpful
What aren’t they?
•There are three primary rating agencies
o Moody’s Investors Service
o Standard & Poor’s
o Fitch Ratings
•A rating is an Evaluation of an issuer’s “Willingness” and “Ability” to
pay on their debt
•Primary categories of evaluation (general obligation):
o Governance & management (budgeting practices, policies)
o Financial position (liquidity, reserves)
o Debt levels (net direct debt per capita)
o Local economy (wealth levels, taxpayer concentration, tax
revenue volatility)
How is a rating assessed?
76
Piper Sandler | 9
Why Are Credit Ratings Important?
An issuer’s borrowing cost is primarily made up of:
1)Market interest rates (influenced by global economy, Federal Reserve actions, etc.)
2)Issuer’s “credit spread” (amount of “extra” yield issuers must pay to investors, based on their
creditworthiness)
-Higher rating = lower credit spread resulting in lower all in borrowing cost
-Lower rating = higher credit spread resulting in higher all in borrowing cost
Estimated Change in Borrowing Cost for $20 Million General Obligation Bond Issuance (20-Year Maturity)
TIC: 4.16%
Annual DS: $1.493M
Total DS:$29.9M
A Rating
TIC: 3.90%
Annual DS: $1.458M
Total DS:$29.2M
AAA Rating TIC: 3.99%
Annual DS: $1.473M
Total DS: $29.4M
AA Rating
0.310.09%
0.31%0.17%
Interest Rate Savings
77
03
Schedule of Events
78
Piper Sandler | 11
Schedule of Events
Date Event Participants
Completed Circulate schedule and data requirements request PSC
Completed Kickoff call Staff, PSC, BC
Completed Distribute first draft Bond Ordinance for review BC
Completed Send data requirements for POS BC
Completed Materials due for F&G Committee meeting Staff, PSC
Completed Comments due on first draft Bond Ordinance All
Completed Distribute second draft Bond Ordinance for review BC
Completed F&G Committee (5:30 pm) Staff, Council, PSC
Completed Comments due on second draft Bond Ordinance All
Completed POS data requirements due Staff
Completed Distribute final draft Bond Ordinance for review BC
Completed Distribute 1st draft POS for review BC
Completed Comments due on final draft Bond Ordinance All
Completed Materials due for Committee of the Whole meeting Staff, PSC, BC
Completed Comments due on 1st draft POS All
Completed Send information to S&P PSC
Completed Rating presentation distributed for review Staff, PSC
July 13 Committee of the Whole (7 pm) Council, Staff, PSC, BC
July 13 Distribute 2nd draft POS BC
July 24 Comments due on 2nd draft POS All
Week of July 27 Practice rating presentation/conference call with S&P Staff, PSC
July 31 Bond Ordinance available for Council packets BC
Staff: City Staff
Council: City Council
PSC: Piper Sandler & Co. (Municipal Advisor)
BC: Pacifica Law Group LLP (Bond Counsel)
UW: KeyBanc Capital Markets (Underwriter)
May 2026
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
June 2026
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
July 2026
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
79
Piper Sandler | 12
Schedule of Events
Date Event Participants
Aug. 3 Distribute 3rd draft POS for review BC
Week of Aug. 3 Due diligence call All
Aug. 6 Rating(s) due
Aug. 10 Bond Ordinance approved by Council (delegated authority) Council, Staff, PSC, BC
Aug. 12 Comments due on 3rd draft POS All
Aug. 18 Post POS UW, BC
Aug. 24 Review market conditions Staff, PSC, UW
Aug. 26 Bond Pricing All
Sept. 10 Bond Closing and delivery of bond proceeds All
July 2026
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
August 2026
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
September 2026
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
Staff: City Staff
Council: City Council
PSC: Piper Sandler & Co. (Municipal Advisor)
BC: Pacifica Law Group LLP (Bond Counsel)
UW: KeyBanc Capital Markets (Underwriter)
80
CITY OF TUKWILA, WASHINGTON
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2026
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
PROVIDING FOR THE ISSUANCE AND SALE OF ONE OR
MORE SERIES OF UNLIMITED TAX GENERAL
OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $22,000,000 TO REFUND
CERTAIN UNLIMITED TAX GENERAL OBLIGATION
BONDS OF THE CITY, AND TO PAY COSTS OF ISSUANCE
OF THE BONDS; PROVIDING FOR THE DISPOSITION OF
THE PROCEEDS OF SALE OF THE BONDS; DELEGATING
THE AUTHORITY TO APPROVE THE METHOD OF SALE
FOR AND FINAL TERMS OF THE BONDS; AND APPROVING
RELATED MATTERS AS PROVIDED HEREIN.
Passed: August 10, 2026
Prepared By
PACIFICA LAW GROUP LLP
Seattle, Washington
DRAFT
81
CITY OF TUKWILA, WASHINGTON
ORDINANCE NO. _____
TABLE OF CONTENTS*
Page
Section 1. Definitions and Interpretation of Terms ............................................................. 2
Section 2. Findings; Purpose and Authorization of Bonds .................................................. 7
Section 3. Bond Details; Registration, Exchange and Payments ......................................... 8
Section 4. Redemption and Purchase of Bonds ................................................................ 14
Section 5. Form of the Bonds .......................................................................................... 18
Section 6. Execution of the Bonds ................................................................................... 18
Section 7. Refunding Plan; Application of Bond Proceeds ............................................... 19
Section 8. Tax Covenants ................................................................................................ 21
Section 9. Debt Service Fund and Provision for Tax Levy Payments ............................... 23
Section 10. Defeasance ...................................................................................................... 24
Section 11. Sale of the Bonds ........................................................................................... 24
Section 12. Undertaking to Provide Ongoing Disclosure; Covenants ................................. 27
Section 13. Lost or Destroyed Bonds ................................................................................. 28
Section 14. Severability ..................................................................................................... 28
Section 15. Corrections ..................................................................................................... 28
Section 16. Effective Date ................................................................................................. 29
Exhibit A: Form of Bond
* This Table of Contents is provided for reference only and does not constitute a part of the
Ordinance for which it is provided.
82
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
PROVIDING FOR THE ISSUANCE AND SALE OF ONE OR
MORE SERIES OF UNLIMITED TAX GENERAL
OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $22,000,000 TO REFUND
CERTAIN UNLIMITED TAX GENERAL OBLIGATION
BONDS OF THE CITY, AND TO PAY COSTS OF ISSUANCE
OF THE BONDS; PROVIDING FOR THE DISPOSITION OF
THE PROCEEDS OF SALE OF THE BONDS; DELEGATING
THE AUTHORITY TO APPROVE THE METHOD OF SALE
FOR AND FINAL TERMS OF THE BONDS; AND APPROVING
RELATED MATTERS AS PROVIDED HEREIN.
WHEREAS, the City of Tukwila, Washington (the “City”) has outstanding its Unlimited
Tax General Obligation Bonds, 2016 (the “2016 Bonds”), issued pursuant to Ordinance No. 2514,
passed by the City Council on November 21, 2016 (the “2016 Bond Ordinance”); and
WHEREAS, pursuant to the 2016 Bond Ordinance, the City may call the 2016 Bonds
maturing on or after December 1, 2027 (the “Refunding Candidates”) for redemption on or after
December 1, 2026, in whole or in part on any date, at a price of par plus accrued interest, if any,
to the date of redemption; and
WHEREAS, after due consideration, it appears to the City Council that the City may
defease and refund all or a portion of the Refunding Candidates with the proceeds of unlimited tax
general obligation bonds, at a savings to the City and its taxpayers; and
WHEREAS, the City Council deems it in the City’s best interest to issue one or more series
of unlimited tax general obligation refunding bonds (the “Bonds”) to defease and/or refund all or
a portion of the Refunding Candidates, and to pay costs of issuing the Refunding Bonds; and
WHEREAS, the City Council wishes to delegate authority to the Finance Director of the
City (the “Designated Representative”), for a limited time, to select the Refunding Candidates to
83
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refund (the “Refunded Bonds”) and the method of bond sale, and to approve the interest rates,
maturity dates, tax status, redemption terms and principal maturities for the Bonds within the
parameters set by this ordinance, as provided herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Definitions and Interpretation of Terms. As used in this ordinance, the
following words shall have the following meanings, unless the context or use indicates another or
different meaning or intent. Unless the context indicates otherwise, words importing the singular
number shall include the plural number and vice versa.
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the
Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value.
Beneficial Owner means any person that has or shares the power, directly or indirectly, to
make investment decisions concerning ownership of any Underwritten Bonds (including persons
holding Underwritten Bonds through nominees, depositories or other intermediaries).
Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys,
selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt
nature of interest on bonds issued by states and their political subdivisions.
Bond Purchase Contract means one or more contracts, if any, for the purchase of
Underwritten Bonds sold by negotiated sale to the initial purchaser, executed pursuant to
Section 11 of this ordinance.
84
-3-
Bond Register means the registration books showing the name, address, and tax
identification number of each Registered Owner of a series of Bonds, maintained pursuant to
Section 149(a) of the Code.
Bond Registrar means (a) for any Underwritten Bonds, initially, the State fiscal agent, and
(b) for any Direct Purchase Bonds, the State fiscal agent or the City’s Finance Director.
Bonds means the unlimited tax general obligation refunding bonds authorized to be issued
from time to time, in one or more series, pursuant to this ordinance.
Call Date means December 1, 2026, or date thereafter selected by the Designated
Representative as the redemption date for the Refunded Bonds.
Certificate of Award means one or more certificates, if any, for the purchase of any series
of Underwritten Bonds sold by competitive sale, as set forth in Section 11 of this ordinance.
City means the City of Tukwila, Washington, a municipal corporation duly organized and
existing under and by virtue of the laws of the State of Washington.
City Council means the legislative authority of the City as the same shall be duly and
regularly constituted from time to time.
Closing means the date of issuance and delivery of a series of Bonds to the applicable
Underwriter or Direct Purchaser.
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of the
Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations
issued on the date of issuance of the Bonds, together with applicable proposed, temporary, and
final regulations promulgated, and applicable official public guidance published, under the Code.
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Continuing Disclosure Certificate means one or more written undertakings for the benefit
of the owners and Beneficial Owners of any series of Underwritten Bonds as required by Section
(b)(5) of the Rule.
Debt Service Fund means the fund or account established by the City for the purpose of
paying debt service on the unlimited tax general obligation bonds.
Designated Representative means the Finance Director and any successor to the functions
of such office, and their designees.
Direct Purchase Bonds means any Bonds or Bond sold to a Direct Purchaser pursuant to
Section 11 of this ordinance.
Direct Purchaser means any bank or other financial institution, or entity selected to
purchase one or more Direct Purchase Bonds, or to accept delivery of one or more Direct Purchase
Bonds to evidence the City’s obligations under a Loan Agreement, pursuant to Section 11 of this
ordinance.
DTC means The Depository Trust Company of New York, New York, a limited purpose
trust company organized under the laws of the State of New York, as depository for any
Underwritten Bonds pursuant to this ordinance.
Escrow Agent means the trust company or state or national bank having powers of a trust
company selected by the City to serve as escrow agent pursuant to Section 7 of this ordinance.
Escrow Agreement means one or more escrow deposit agreements between the City and
the Escrow Agent, executed in connection with the redemption of the Refunded Bonds.
Escrow Fund means the fund or account established by the Escrow Agent, executed in
connection with the redemption of the Refunded Bonds.
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Fair Market Value means the price at which a willing buyer would purchase an investment
from a willing seller in a bona fide, arm’s-length transaction, except for specified investments as
described in U.S. Treasury Regulation § 1.148-5(d)(6), including United States Treasury
obligations, certificates of deposit, guaranteed investment contracts, and investments for yield
restricted defeasance escrows. Fair Market Value is generally determined on the date on w hich a
contract to purchase or sell an investment becomes binding, and, to the extent required by the
applicable regulations under the Code, the term “investment” will include a hedge.
Federal Tax Certificate means one or more certificates executed by the Designated
Representative setting forth the requirements of the Code for maintaining the tax status of the Tax-
Exempt Bonds, and attachments thereto.
Finance Director means the Finance Director of the City, and any successor to the
functions of such office.
Government Obligations means those obligations now or hereafter defined as such in
chapter 39.53 RCW, as such chapter may be hereafter amended or restated.
Letter of Representations means the Blanket Issuer Letter of Representations from the City
to DTC, as amended from time to time.
Loan Agreement means one or more loan or purchase agreements, if any, between the City
and a Direct Purchaser under which the Direct Purchaser will make a loan to the City, evidenced
by a Direct Purchase Bond, or under which the Direct Purchaser will purchase the Direct Purchase
Bond.
Record Date means the Bond Registrar’s close of business on the 15th day of the month
preceding an interest or principal payment date, or for a maturity date. With respect to redemption
of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business
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on the date on which the Bond Registrar sends the notice of redemption in accordance with this
ordinance.
Refunded Bonds means the Refunding Candidates that the Designated Representative
selects for refunding pursuant to this ordinance.
Refunding Account means the account by that name established pursuant to Section 7 of
this ordinance.
Refunding Candidates means the 2016 Bonds maturing on or after December 1, 2027.
Registered Owner means the person named as the registered owner of a Bond in the Bond
Register. For so long as the Bonds of a series are held in book entry only form, DTC or its nominee
shall be deemed to be the sole Registered Owner.
Rule means U.S. Securities and Exchange Commission Rule 15c2-12 under the Securities
Exchange Act of 1934, as the same may be amended from time to time.
Sale Document means the Bond Purchase Contract, Certificate of Award, or Loan
Agreement, if any, executed by the Designated Representative in connection with the sale of the
Bonds, which shall provide for the name, principal and interest payment dates and amounts,
redemption/prepayment rights, description of the Refunded Bonds, and other terms to describe
such Bonds as the Designated Representative determines necessary.
State means the State of Washington.
Taxable Bonds means any Bonds of a series determined to be issued on a taxable basis
pursuant to Section 11 of this ordinance.
Tax-Exempt Bonds means any Bonds of a series determined to be issued on a tax-exempt
basis under the Code pursuant to Section 11 of this ordinance.
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2016 Bond Ordinance means Ordinance No. 2514 passed by the City Council on
November 21, 2016, authorizing issuance of the 2016 Bonds.
2016 Bonds means the City’s Unlimited Tax General Obligation Bonds, 2016, as described
in the recitals of this ordinance.
Underwriter means any underwriter, in the case of a negotiated sale, or initial purchaser,
in the case of a competitive sale, for any Underwritten Bonds selected pursuant to Section 11 of
this ordinance.
Underwritten Bonds means one or more series of Bonds sold pursuant to a negotiated or a
competitive sale by the City to an Underwriter pursuant to Section 11 of this ordinance.
Section 2. Findings; Purpose and Authorization of Bonds.
(a) Purpose and Authorization of Bonds. For the purpose of defeasing and/or refunding
all or a portion of the Refunding Candidates, if the Designated Representative determines that such
refunding is in the best interest of the City, and paying related costs of issuance, the City is hereby
authorized to issue and sell one or more series of unlimited tax general obligation refunding bonds
in an aggregate principal amount not to exceed $22,000,000 (the “Bonds”). The Bonds of each
series shall be general obligations of the City, shall be designated “City of Tukwila, Washington,
Unlimited Tax General Obligation Refunding Bonds, 2026,” with any other such designation as
set forth in the applicable Sale Document. The Bonds shall be dated as of the date of Closing. The
Bonds of each series shall be fully registered as to both principal and interest and shall be sold as
either Direct Purchase Bonds or Underwritten Bonds.
The Bonds of each series may be issued simultaneously or from time to time under the
terms of this ordinance as determined by the Designated Representative. The Bonds authorized
herein may be combined with other unlimited tax general obligation bonds of the City and sold as
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one or more series and issue if determined to be in the best interest of the City.
Section 3. Bond Details; Registration, Exchange and Payments.
(a) Underwritten Bonds.
(1) Bond Details. Any Bonds of a series may be sold as Underwritten Bonds.
Underwritten Bonds shall be issued in denominations of $5,000, or any integral multiple thereof,
within a series and maturity; shall be numbered separately in such manner and with any additional
designations as the Bond Registrar deems necessary for purposes of identification; shall bear
interest payable on the dates set forth in the applicable Sale Document; and shall be subject to
optional and/or mandatory redemption and mature on the dates and in the principal amounts as set
forth in the applicable Sale Document.
(2) Bond Registrar/Bond Register. The City hereby specifies and adopts the
system of registration approved by the Washington State Finance Committee from time to time
through the appointment of the State fiscal agent. The City shall cause a Bond Register to be
maintained by the Bond Registrar. So long as any Underwritten Bonds of a series remain
outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or
registration or transfer of Underwritten Bonds at its designated office. The Bond Registrar may
be removed at any time at the option of the Finance Director upon prior notice to the Bond
Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or
removal of the Bond Registrar shall be effective until a successor shall have been appointed and
until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder.
The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Underwritten
Bonds transferred or exchanged in accordance with the provisions of such Bonds and this
ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The
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Bond Registrar shall be responsible for its representations contained in the certificate of
authentication of the Bonds.
(3) Registered Ownership. The City and the Bond Registrar, each in its
discretion, may deem and treat the Registered Owner of each Underwritten Bond of a series as the
absolute owner thereof for all purposes (except as provided in this ordinance or in the Continuing
Disclosure Certificate), and neither the City nor the Bond Registrar shall be affected by any notice
to the contrary. Payment of any such Underwritten Bond shall be made only as described in
Section 3(a)(8) hereof, but such Underwritten Bond may be transferred as herein provided. All
such payments made as described in Section 3(a)(8) shall be valid and shall satisfy and discharge
the liability of the City upon such Underwritten Bond to the extent of the amount or amounts so
paid.
(4) DTC Acceptance/Letters of Representations. The Underwritten Bonds of a
series initially shall be held in fully immobilized form by DTC acting as depository. The City has
executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor
the Bond Registrar will have any responsibility or obligation to DTC participants or the persons
for whom they act as nominees (or any successor depository) with respect to the Underwritten
Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository)
or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant
of any amount in respect of the principal of or interest on Underwritten Bonds, any notice which
is permitted or required to be given to Registered Owners under this ordinance (except such notices
as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor
depository)), or any consent given or other action taken by DTC (or any successor depository) as
the Registered Owner. For so long as any Underwritten Bonds are held by DTC or its successor
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depository or its nominee, DTC, its successor depository or its nominee shall be deemed to be the
Registered Owner for all purposes hereunder, and all references herein to the Registered Owners
shall mean DTC (or any successor depository) or its nominee and shall not mean the Beneficial
Owners of such Underwritten Bonds.
(5) Use of Depository.
(A) The Underwritten Bonds of a series shall be registered initially in
the name of “Cede & Co.”, as nominee of DTC, with one Bond of a series maturing on each of the
maturity dates for the Underwritten Bonds in a denomination corresponding to the total principal
therein designated to mature on such date. Registered ownership of such immobilized Bonds, or
any portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its
nominee, provided that any such successor shall be qualified under any applicable laws to provide
the service proposed to be provided by it; (ii) to any substitute depository appointed by the Finance
Director pursuant to subsection (B) below or such substitute depository’s successor; or (iii) to any
person as provided in subsection (D) below.
(B) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the Finance
Director to discontinue the system of book entry transfers through DTC or its successor (or any
substitute depository or its successor), the Finance Director may thereafter appoint a substitute
depository. Any such substitute depository shall be qualified under any applicable laws to provide
the services proposed to be provided by it.
(C) In the case of any transfer pursuant to clause (i) or (ii) of
subsection (A) above, the Bond Registrar shall, upon receipt of all outstanding Underwritten
Bonds, together with a written request on behalf of the Finance Director, issue a single new
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Underwritten Bond for each maturity then outstanding, registered in the name of such successor
or such substitute depository, or their nominees, as the case may be, all as specified in such written
request of the Finance Director.
(D) In the event that (i) DTC or its successor (or substitute depository or
its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (ii) the Finance Director determines that it is in the best interest of the Beneficial
Owners of the Underwritten Bonds that such owners be able to obtain such Bonds in the form of
Bond certificates, the ownership of such Underwritten Bonds may then be transferred to any person
or entity as herein provided, and such Bonds shall no longer be held in fully-immobilized form.
The Finance Director shall deliver a written request to the Bond Registrar, together with a supply
of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon
receipt by the Bond Registrar of all then outstanding Underwritten Bonds together with a written
request on behalf of the Finance Director to the Bond Registrar, new Bonds of each series shall be
issued in the appropriate denominations and registered in the names of such persons as are
requested in such written request.
(6) Registration of Transfer of Ownership or Exchange; Change in
Denominations. The transfer of any Underwritten Bond may be registered and Underwritten
Bonds may be exchanged, but no transfer of any such Underwritten Bond shall be valid unless it
is surrendered to the Bond Registrar with the assignment form appearing on such Underwritten
Bond duly executed by the Registered Owner or such Registered Owner’s duly authorized agent
in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall
cancel the surrendered Underwritten Bond and shall authenticate and deliver, without charge to
the Registered Owner or transferee therefor, a new Underwritten Bond (or Underwritten Bonds at
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the option of the new Registered Owner) of the same series, date, maturity, and interest rate and
for the same aggregate principal amount in any authorized denomination, naming as Registered
Owner the person or persons listed as the assignee on the assignment form appearing on the
surrendered Underwritten Bond, in exchange for such surrendered and canceled Underwritten
Bond. Any Underwritten Bond may be surrendered to the Bond Registrar and exchanged, without
charge, for an equal aggregate principal amount of Underwritten Bonds of the same series, date,
maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be
obligated to register the transfer or to exchange any Underwritten Bond following the Record Date
preceding any principal payment or redemption date.
(7) Bond Registrar’s Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Underwritten Bond with the same rights it would have if it were not
the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any
of its officers or directors to act as member s of, or in any other capacity with respect to, any
committee formed to protect the right of the Registered Owners of Bonds.
(8) Place and Medium of Payment. Both principal of and interest on the
Underwritten Bonds shall be payable in lawful money of the United States of America. Interest
on the Underwritten Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day
months. For so long as all Underwritten Bonds are held by a depository, payments of principal
and interest thereon shall be made as provided in accordance with the operational arrangements of
DTC referred to in the Letter of Representations. In the event that the Underwritten Bonds are no
longer in fully immobilized form, interest on the Underwritten Bonds shall be paid by check or
draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on
the Bond Register on the Record Date, or upon the written request of a Registered Owner of more
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than $1,000,000 of Underwritten Bonds (received by the Bond Registrar at least by the Record
Date), such payment shall be made by the Bond Registrar by wire transfer to the account within
the United States designated by the Registered Owner. Principal of the Underwritten Bonds shall
be payable upon presentation and surrender of such Underwritten Bonds by the Registered Owners
at the principal office of the Bond Registrar.
(b) Direct Purchase Bonds.
(1) Bond Details. Any Bonds may be sold as Direct Purchase Bonds. Direct
Purchase Bonds shall be dated as of the date of delivery to the Direct Purchaser, shall be fully
registered as to both principal and interest, shall be in one denomination, and shall mature on the
date set forth in the applicable Sale Document. Direct Purchase Bonds shall bear interest from
the dated date or the most recent date to which interest has been paid at the interest rate set forth
in the applicable Sale Document. Interest on the principal amount of Direct Purchase Bonds shall
be calculated per annum on a 30/360 basis, or as otherwise provided in the Bond and in the
applicable Sale Document. Principal of and interest on Direct Purchase Bonds shall be payable
at the times and in the amounts set forth in the payment schedule attached to the Direct Purchase
Bond.
(2) Registrar/Bond Registrar. The Finance Director or the State fiscal agent
shall act as Bond Registrar for any Direct Purchase Bonds. The Bond Registrar is authorized, on
behalf of the City, to authenticate and deliver the Direct Purchase Bonds if transferred or
exchanged in accordance with the provisions of the Direct Purchase Bonds and this ordinance, and
to carry out all of the Bond Registrar’s powers and duties under this ordinance with respect to
Direct Purchase Bonds.
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(3) Registered Ownership. The City and the Bond Registrar may deem and
treat the Registered Owner of any Direct Purchase Bond as the absolute owner for all purposes,
and neither the City nor the Bond Registrar shall be affected by any notice to the contrary.
(4) Transfer or Exchange of Registered Ownership. Direct Purchase Bonds
shall not be transferrable without the consent of the City unless (i) the Direct Purchaser’s
corporate name is changed and the transfer is necessary to reflect such change, or (ii) the
transferee is a successor in interest of the Direct Purchaser by means of a corporate merger, an
exchange of stock, or a sale of assets. Notwithstanding the foregoing, Direct Purchase Bonds
may be transferred upon satisfaction of the requirements, if any, set forth in the applicable Sale
Document and the Direct Purchase Bonds.
(5) Place and Medium of Payment. Both principal of and interest on Direct
Purchase Bonds shall be payable in lawful money of the United States of America. Principal and
interest on Direct Purchase Bonds shall be payable by check, warrant, ACH transfer or by other
means mutually acceptable to the Direct Purchaser and the City as set forth in the Sale Document.
Section 4. Redemption and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The
Bonds of each series shall be subject to optional redemption on the dates, at the prices and under
the terms set forth in the applicable Sale Document and as approved by the Designated
Representative pursuant to Section 11 of this ordinance. The Bonds of each series shall be subject
to mandatory redemption to the extent, if any, set forth in the applicable Sale Document approved
by the Designated Representative pursuant to Section 11 of this ordinance.
(b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds
offered to it at any time at a price deemed reasonable by the Finance Director.
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(c) Selection of Bonds for Redemption. If the Underwritten Bonds are held in
book-entry only form, the selection of particular Underwritten Bonds within a series and maturity
to be redeemed shall be made in accordance with the operational arrangements then in effect at
DTC. If the Underwritten Bonds are no longer held by a depository, the selection of such
Underwritten Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall
be made as provided in the following provisions of this subsection (c). Except as otherwise
provided in the applicable Sale Document, if the City redeems at any one time fewer than all of
the Bonds having the same maturity date, the particular Underwritten Bonds or portions of
Underwritten Bonds of such maturity to be redeemed shall be selected by lot (or in such manner
determined by the Bond Registrar) in increments of $5,000. In the case of an Underwritten Bond
of a denomination greater than $5,000, the City and the Bond Registrar shall treat each
Underwritten Bond as representing such number of separate Underwritten Bonds each of the
denomination of $5,000 as is obtained by dividing the actual principal amount of such
Underwritten Bond by $5,000. In the event that only a portion of the principal sum of a
Underwritten Bond is redeemed, upon surrender of such Underwritten Bond at the designated
office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor,
for the then unredeemed balance of the principal sum thereof, at the option of the Registered
Owner, an Underwritten Bond or Bonds of like series maturity and interest rate in any of the
denominations herein authorized.
(d) Notice of Redemption.
(1) Official Notice. Notice of any prepayment of Direct Purchase Bonds shall
be provided by the City to the Direct Purchaser as provided in the applicable Sale Document.
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For so long as the Underwritten Bonds of a series are held by a depository, notice of
redemption (which notice may be conditional) shall be given in accordance with the operational
arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide
any notice of redemption to any Beneficial Owners. Thereafter (if the Underwritten Bonds are no
longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter
provided. Unless waived by any owner of Underwritten Bonds to be redeemed, official notice of
any such redemption shall be given by the Bond Registrar on behalf of the City by mailing a copy
of an official redemption notice by first class mail at least 20 days and not more than 60 days prior
to the date fixed for redemption to the Registered Owner of the Underwritten Bond or Bonds to be
redeemed at the address shown on the Bond Register or at such other address as is furnished in
writing by such Registered Owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state: (A) the redemption date,
(B) the redemption price, (C) if fewer than all outstanding Underwritten Bonds are to be redeemed,
the identification by series and maturity (and, in the case of partial redemption, the respective
principal amounts) of the Bonds to be redeemed, (D) any conditions to redemption, (E) that (unless
such notice is conditional) on the redemption date the redemption price will become due and
payable upon each such Underwritten Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date, and (F) the place where such
Underwritten Bonds are to be surrendered for payment of the redemption price, which place of
payment shall be the designated office of the Bond Registrar.
On or prior to any redemption date, unless any condition to such redemption has not been
satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with
the Bond Registrar an amount of money sufficient to pay the redemption price of all the
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Underwritten Bonds or portions of Underwritten Bonds which are to be redeemed on that date.
The City retains the right to rescind any redemption notice and the related optional redemption of
Underwritten Bonds by giving notice of rescission to the affected registered owners at any time on
or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded
shall be of no effect, and the Underwritten Bonds for which the notice of optional redemption has
been rescinded shall remain outstanding.
(2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has
been given as aforesaid, or if the conditions to redemption have been satisfied or waived, and the
notice of such redemption has not been rescinded, the Underwritten Bonds or portions of
Underwritten Bonds so to be redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified, and from and after such date, unless the City defaults in the
payment of the redemption price, such Underwritten Bonds or portions of Underwritten Bonds
shall cease to bear interest. Upon surrender of such Underwritten Bonds for redemption in
accordance with said notice, such Underwritten Bonds shall be paid by the Bond Registrar at the
redemption price. Installments of interest due on or prior to the redemption date shall be payable
as herein provided for payment of interest. All Underwritten Bonds which have been redeemed
shall be canceled by the Bond Registrar and shall not be reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice shall
be given by the City as set out below, but no defect in said further notice nor any failure to give
all or any portion of such further notice shall in any manner defeat the effectiveness of a cal l for
redemption if notice thereof is given as above prescribed. Each further notice of redemption given
hereunder shall contain the information required above for an official notice of redemption plus
(A) the CUSIP numbers of all Underwritten Bonds being redeemed; (B) the date of issue of the
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Underwritten Bonds as originally issued; (C) the rate of interest borne by each Underwritten Bond
being redeemed; (D) the maturity date of each Underwritten Bond being redeemed; and (E) any
other descriptive information needed to identify accurately the Underwritten Bonds being
redeemed. Each further notice of redemption may be sent at least 20 days before the redemption
date to each party entitled to receive notice pursuant to the Continuing Disclosure Certificate and
with such additional information as the City shall deem appropriate, but such mailings shall not be
a condition precedent to the redemption of such Underwritten Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 4, including but not limited to the information to be included in redemption notices and
the persons designated to receive notices, may be amended by additions, deletions and changes in
order to maintain compliance with duly promulgated regulations and recommendations regarding
notices of redemption of municipal securities.
Section 5. Form of the Bonds. The Bonds of each series shall be in substantially the
form set forth in Exhibit A, which is incorporated herein by this reference.
Section 6. Execution of the Bonds. The Bonds of each series shall be executed on
behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual
or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or
otherwise reproduced thereon. In case either or both of the officers who have signed or attested
any of the Bonds cease to be such officer before such Bonds have been actually issued and
delivered, such Bonds shall be valid nevertheless and may be issued by the City with the same
effect as though the persons who had signed or attested such Bonds had not ceased to be such
officers, and any Bond may be signed or attested on behalf of the City by officers who at the date
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of actual execution of such Bond are the proper officers, although at the nominal date of execution
of such Bond such officer was not an officer of the City.
Only Bonds that bear a Certificate of Authentication in the form set forth in Exhibit A,
manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled
to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated and delivered and are
entitled to the benefits of this ordinance.
Section 7. Refunding Plan. If market conditions allow for debt service savings, the
City proposes to refund and defease the Refunded Bonds, as set forth in this refunding plan. If the
Designated Representative determines that it is in the best interest of the City to proceed with the
refunding authorized herein, the Designated Representative shall designate all or a portion of the
Refunding Candidates as Refunded Bonds and such designation shall be set forth in the Sale
Document and the Escrow Agreement, if any. The Designated Representative is hereby authorized
to select the Refunded Bonds from the Refunding Candidates, to establish the Call Date for the
Refunded Bonds, if necessary, to provide or cause to be provided notice of redemption of the
Refunded Bonds in accordance with the applicable provisions of the 2016 Bond Ordinance
authorizing the issuance of the Refunded Bonds, and to take any action as determined to be
necessary and in the best interest of the City to refund the Refunded Bonds.
Net proceeds of the Bonds shall either be remitted to the City or deposited with the Escrow
Agent pursuant to an Escrow Agreement, and shall be used immediately upon receipt thereof to
defease and refund the Refunded Bonds as authorized by the 2016 Bond Ordinance and to pay
costs of issuance of the Bonds as set forth in the closing memorandum prepared in connection with
the issuance of the Bonds.
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Any Bond proceeds and any other available funds of the City, if any, deposited with the
Escrow Agent shall be used to defease and refund the Refunded Bonds and discharge the
obligations thereon by either being held uninvested as cash or by the purchase of Acquired
Obligations bearing such interest and maturing as to principal and interest in such amounts and at
such times which, together with any necessary beginning cash balance, will provide for the
payment of interest on such Refunded Bonds on the Call Date and the redemption price of such
Refunded Bonds on the Call Date. Such Acquired Obligations, if any, shall be purchased at a yield
not greater than the yield permitted by the Code and regulations relating to acquired obligations in
connection with refunding the bond issues.
(b) Escrow Agent /Escrow Agreement. The City hereby appoints U.S. Bank Trust
Company, National Association, Seattle, Washington, as the Escrow Agent for the Refunded
Bonds (the “Escrow Agent”). To carry out the purposes of this Section 7, the Designated
Representative is authorized and directed to execute and deliver to the Escrow Agent an Escrow
Agreement. A beginning cash balance, if any, and the Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bonds remaining after acquisition of the Acquired Obligations and provision for
the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and costs of issuance of the Bonds.
(c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds
out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments
described above. The City further calls the Refunded Bonds for redemption on their Call Date in
accordance with the provisions of the ordinances authorizing the redemption and retirement of the
Refunded Bonds prior to their fixed maturities. Said defeasance and call for redemption of the
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Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired
Obligations to the Escrow Agent.
If the Designated Representative determines to proceed with the refunding of all or a
portion of the Refunding Candidates, the City hereby agrees to set aside available funds of the City
and sufficient funds out of proceeds of the Bonds, including from the purchase of the Acquired
Obligations, if any, to make payments described above. The City authorizes the Designated
Representative to call the Refunded Bonds for redemption in accordance with the provisions of
the 2016 Bond Ordinance. Such defeasance and call for redemption of the Refunded Bonds shall
be irrevocable after the issuance of the Bonds. The Escrow Agent is hereby authorized to carry
out the terms of the Escrow Agreement on behalf of the City, including the giving of notice of
defeasance and redemption of the Refunded Bonds in accordance with the applicable provisions
of the 2016 Bond Ordinance.
Section 8. Tax Covenants. The City will take all actions necessary to assure the
exclusion of interest on the Tax-Exempt Bonds from the gross income of the owners of the Tax-
Exempt Bonds to the same extent as such interest is permitted to be excluded from gross income
under the Code as in effect on the date of issuance of the Tax-Exempt Bonds, including but not
limited to the following, except as otherwise set forth in the Federal Tax Certificate:
(a) Private Activity Bond Limitation. The City will assure that the proceeds of the Tax-
Exempt Bonds are not so used as to cause the Tax-Exempt Bonds to satisfy the private business
tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code.
(b) Limitations on Disposition of Project. The City will not sell or otherwise transfer
or dispose of (i) any personal property components of the projects refinanced with proceeds of the
Tax-Exempt Bonds (the “Tax-Exempt Projects”) other than in the ordinary course of an established
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government program under U.S. Treasury Regulation § 1.141-2(d)(4) or (ii) any real property
components of the Tax-Exempt Projects, unless it has received an opinion of Bond Counsel to the
effect that such disposition will not adversely affect the treatment of interest on the Tax-Exempt
Bonds as excludable from gross income for federal income tax purposes.
(c) Federal Guarantee Prohibition. The City will not take any action or permit or
suffer any action to be taken if the result of such action would be to cause the Tax-Exempt Bonds
to be “federally guaranteed” within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City will take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings,
if any, to the federal government, to the extent that such section is applicable to the Tax-Exempt
Bonds.
(e) No Arbitrage. The City will not take, or permit or suffer to be taken any action
with respect to the proceeds of the Tax-Exempt Bonds which, if such action had been reasonably
expected to have been taken, or had been deliberately and intentionally taken, on the date of
issuance of the Tax-Exempt Bonds would have caused the Tax-Exempt Bonds to be “arbitrage
bonds” within the meaning of Section 148 of the Code.
(f) Registration Covenant. The City will maintain a system for recording the
ownership of the Tax-Exempt Bonds that complies with the provisions of Section 149 of the Code
until the Bonds have been surrendered and canceled.
(g) Record Retention. The City will retain its records of all accounting and monitoring
it carries out with respect to the Tax-Exempt Bonds for at least three years after the Tax-Exempt
Bonds mature or are redeemed (whichever is earlier); however, if the Tax-Exempt Bonds are
redeemed and refunded, the City will retain its records of accounting and monitoring at least three
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years after the earlier of the maturity or redemption of the obligations that refunded the Tax-
Exempt Bonds.
(h) Compliance with Federal Tax Certificate. The City will comply with the provisions
of the Federal Tax Certificate with respect to the Tax-Exempt Bonds, which provisions are
incorporated herein as if fully set forth herein. In the event of any conflict between this section
and the Federal Tax Certificate, the provisions of the Federal Tax Certificate will prevail.
The covenants of this section will survive payment in full or defeasance of the Tax-Exempt
Bonds.
Section 9. Debt Service Fund and Provision for Tax Levy Payments. The City has
created a fund to be used for the payment of debt service on the Bonds, designated as the Debt
Service Fund. No later than the date each payment of principal of or interest on the Bonds becomes
due, the City shall transmit sufficient funds, from the Debt Service Fund or from other legally
available sources, to the Bond Registrar for the payment of such principal or interest. Money in
the Debt Service Fund may be invested in legal investments for City funds. Any interest or profit
from the investment of such money shall be deposited in the Debt Service Fund, but only to the
extent that the same are acquired, valued and disposed of at Fair Market Value.
The City hereby irrevocably covenants that, unless the principal of and interest on the
Bonds are paid from other sources, it will make annual levies of taxes without limitation as to rate
or amount upon all of the property in the City subject to taxation in amounts sufficient to pay such
principal and interest as the same shall become due. All of such taxes and any of such other money
so collected shall be paid into the Debt Service Fund. None of the money in the Debt Service Fund
shall be used for any other purpose than the payment of the principal of and interest on the Bonds.
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The full faith, credit and resources of the City are hereby irrevocably pledged for the annual
levy and collection of such taxes and for the prompt payment of the principal of and interest on
the Bonds when due.
Section 10. Defeasance. In the event that money and/or noncallable Government
Obligations, maturing at such time or times and bearing interest to be earned thereon in amounts
(together with such money, if necessary) sufficient to redeem and retire part or all of the Bonds in
accordance with their terms, are set aside in a special account of the City to effect such redemption
and retirement, and such money and the principal of and interest on such Government Obligations
are irrevocably set aside and pledged for such purpose, then no further payments need be made
into the Debt Service Fund for the payment of the principal of and interest on the Bonds so
provided for, and such Bonds shall cease to be entitled to any lien, benefit or security of this
ordinance except the right to receive the money so set aside and pledged, and such Bonds shall be
deemed not to be outstanding hereunder. The City shall give or cause to be given written notice
of defeasance in accordance with the Continuing Disclosure Certificate.
Section 11. Sale of the Bonds.
(a) Bond Sale. The City has determined that it is in the best interest of the City to
delegate to the Designated Representative for a limited time the authority to authorize the Bonds
to be issued in one or more series, to designate each series of Bonds, Tax-Exempt Bonds or Taxable
Bonds, to determine the method of sale for each series of Bonds, to approve the selection of the
Refunded Bonds, and to approve the final interest rates, maturity dates, redemption terms and
principal maturities for each series of Bonds issued hereunder. The Designated Representative is
hereby authorized to approve the issuance of each series of Bonds issued from time to time under
this ordinance and to approve whether each series of Bonds shall be sold in a private placement to
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a Direct Purchaser or to an Underwriter through a competitive public sale or a negotiated sale , as
set forth below.
(b) Direct Purchase. If the Designated Representative determines that each series of
Bonds are to be sold by private placement, the Designated Representative shall solicit proposals
to purchase the Direct Purchase Bonds and shall select the Direct Purchaser that submits the
proposal that is in the best interest of the City. Direct Purchase Bonds shall be sold to the Direct
Purchaser pursuant to the terms of a Loan Agreement.
(c) Negotiated Bond Sale. If the Designated Representative determines that each series
of Bonds are to be sold by negotiated public sale, the Designated Representative shall solicit bond
underwriting proposals and shall select the Underwriter that submits the proposal that is in the best
interest of the City. Such Bonds shall be sold to the Underwriter pursuant to the terms of a Bond
Purchase Contract.
(d) Competitive Sale. If the Designated Representative determines that each series of
Bonds are to be sold at a competitive public sale, the Designated Representative shall: (1) establish
the date of the public sale; (2) establish the criteria by which the successful bidder will be
determined; (3) request that a good faith deposit in an amount not less than one percent of the
principal amount of the offering accompany each bid; and (4) provide for such other matters
pertaining to the public sale as they deem necessary or desirable. The Designated Representative
shall cause the notice of sale to be given and provide for such other matters pertaining to the public
sale as they deem necessary or desirable. Such Bonds shall be sold to the Underwriter pursuant to
the terms of a Certificate of Award.
(e) Sale Parameters. The Designated Representative is hereby authorized to approve
the method of sale for each Series of Bonds, designate such series as Tax-Exempt or Taxable
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Bonds, select the Refunded Bonds, and determine the final interest rates, aggregate principal
amount, principal maturities, and redemption terms for each series of Bonds in the manner
provided hereafter so long as:
(1) the aggregate principal amount of all Bonds issued pursuant to this
ordinance does not exceed $22,000,000;
(2) the final maturity date for each series Bonds is no later than December 1,
2036;
(3) the true interest cost for any Tax-Exempt Bonds of a series (in the
aggregate) does not exceed 4.00%;
(4) the true interest cost for any Taxable Bonds of a series (in the aggregate)
does not exceed 4.00%;
(5) each series of Bonds are sold (in the aggregate) at a price not less than 98%
and not greater than 120%;
(6) the issuance of the Bonds results in a minimum net present value debt
service savings equal to or greater than 3.00%; and
(7) the Bonds conform to all other terms of this ordinance.
Subject to the terms and conditions set forth in this Section 11, the Designated
Representative is hereby authorized to execute the applicable Sale Document for the Bonds.
Following the execution of a Sale Document, the Designated Representative shall provide a report
to the City describing the final terms of the Bonds approved pursuant to the authority delegated in
this section. The authority granted to the Designated Representative by this Section 11 to execute
a Sale Document shall expire one year after the effective date of this ordinance. If a Sale Document
for the Bonds has not been executed by such date, the authorization for the issuance of such Bonds
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shall be rescinded, and such Bonds shall not be issued nor their sale approved unless such Bonds
shall have been reauthorized by resolution of the City.
(f) Delivery of Bonds; Documentation. Upon the passage and approval of this
ordinance, the proper officials of the City, including the Designated Representative, are authorized
and directed to undertake all action necessary for the prompt execution and delivery of the Bonds
to the Underwriter thereof and further to execute all closing certificates and documents required
to effect the closing and delivery of the Bonds.
(g) Preliminary and Final Official Statements. The City authorizes the Designated
Representative to approve the preliminary official statement for the Bonds and authorizes the
distribution of the preliminary official statement in connection with the offering of the Bonds.
Pursuant to the Rule, the Designated Representative is hereby authorized to deem the preliminary
official statement as final as of its date except for the omission of information dependent upon the
pricing of the Bonds. The City agrees to cooperate with the Underwriter to deliver or cause to be
delivered, within seven business days from the date of the sale of the Bonds and in sufficient time
to accompany any confirmation that requests payment from any customer of the Underwriter,
copies of a final official statement in sufficient quantity to comply with paragraph (b)(4) of the
Rule and the rules of the Municipal Securities Rulemaking Board. The Designated Representative
is authorized to approve, supplement or amend the final official statement.
Section 12. Undertaking to Provide Ongoing Disclosure; Covenants.
(a) The City covenants to execute and deliver at the time of Closing of any
Underwritten Bonds a Continuing Disclosure Certificate. The Designated Representative is
hereby authorized to execute and deliver a Continuing Disclosure Certificate upon the issuance,
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delivery and sale of any Underwritten Bonds with such terms and provisions as such individuals
shall deem appropriate and in the best interests of the City.
(b) The City may agree to provide the Direct Purchaser certain financial or other
information and agree to such additional covenants as determined to be necessary by the
Designated Representative and as set forth in any Loan Agreement and approved by the
Designated Representative pursuant to Section 11.
Section 13. Lost or Destroyed Bonds. If any Bond or Bonds are lost, stolen or
destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like series,
date, number and tenor to the Registered Owner upon the owner paying the expenses and charges
of the Bond Registrar and the City in connection therewith and upon the owner’s filing with the
Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually
lost, stolen or destroyed and of ownership, and upon furnishing the City and the Bond Registrar
with indemnity satisfactory to the City and the Bond Registrar.
Section 14. Severability. If any provision in this ordinance is declared by any court of
competent jurisdiction to be contrary to law, then such provision shall be null and void and shall
be deemed separable from the remaining provisions of this ordinance and shall in no way affect
the validity of the other provisions of this ordinance or of the Bonds.
Section 15. Corrections. Upon approval of the City Attorney and Bond Counsel, the
City Clerk is hereby authorized to make necessary corrections to this ordinance, including but not
limited to the correction of clerical errors; references to other local, state, or federal laws, codes,
rules, or regulations; ordinance numbering and section/subsection numbering; and other similar
necessary corrections.
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Section 16. Effective Date. This ordinance shall be published in the official newspaper
of the City, and shall take effect and be in full force five (5) days after the date of the publication.
PASSED THIS 10th DAY OF AUGUST, 2026, by the City Council of the City of Tukwila,
and signed in approval therewith this ___ day of ____ , 2026.
ATTEST/AUTHENTICATED:
__________________________________
Andy Youn-Barnett, City Clerk
CITY OF TUKWILA, WASHINGTON
____________________________________
Thomas McLeod, Mayor
Approved as to form:
__________________________________
Pacifica Law Group LLP
Filed with the City Clerk: ______________
Passed by the City Council: _____________
Published: __________________________
Effective Date: _______________________
Ordinance Number: ___________________
111
Exhibit A
Form of Bond
[DTC LANGUAGE] [TRANSFER RESTRICTIONS]
UNITED STATES OF AMERICA
NO. ________ $_________
STATE OF WASHINGTON
CITY OF TUKWILA
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2026
INTEREST RATE: % MATURITY DATE: [CUSIP NO.:]
REGISTERED OWNER:
PRINCIPAL AMOUNT:
[The City of Tukwila, Washington (the “City”) hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or registered assigns, on
the Maturity Date identified above, the Principal Amount indicated above and to pay inter est
thereon from the date of delivery, or the most recent date to which interest has been paid, at the
Interest Rate set forth above. Interest on this bond shall accrue from its dated date until paid and
shall be computed per annum on the principal amount outstanding on a 30/360 basis. Princi pal of
and accrued interest on this bond shall be payable on the dates set forth in the payment schedule
attached hereto. Both principal of and interest on this bond are payable in lawful money of the
United States of America.] [The City of Tukwila, Washington, (the “City”), hereby acknowledges
itself to owe and for value received promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date identified above, the Principal Amount indicated above
and to pay interest thereon from ___________, 20___, or the most recent date to which interest
has been paid at the Interest Rate set forth above payable ________ 1, 20__, and semiannually
thereafter on the first days of each succeeding _____ 1 and ____________ 1. Interest on this bond
shall accrue from its dated date until paid and shall be computed per annum on the principal amount
outstanding on a 30/360 basis. Both principal of and interest on this bond are payable in lawful
money of the United States of America. The fiscal agent of the State of Washington has been
appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this
issue (the “Bond Registrar”). For so long as the bonds of this issue are held in fully immobilized
form, payments of principal thereof and interest thereon shall be made as provided in accordance
with the operational arrangements of The Depository Trust Company (“DTC”) referred to in the
Blanket Issuer Letter of Representations (the “Letter of Representations”) from the City to DTC.]
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and Ordinance No. _______ duly
passed by the City Council on August 10, 2026 (the “Bond Ordinance”). Capitalized terms used
in this bond have the meanings give such terms in the Bond Ordinance.
112
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually signed on behalf of the Bond Registrar or its duly designated agent.
This bond is one of an authorized issue of bonds in the aggregate principal amount of
$___________, issued pursuant to the Bond Ordinance to provide a portion of the funds necessary
to refund certain outstanding unlimited tax general obligations of the City, and to pay costs of
issuance of the Bonds.
The bonds of this issue are [not] subject to redemption prior to their stated maturities as
stated in the Sale Document.
The City has irrevocably covenanted with the owner of this bond that it will levy taxes
annually upon all the taxable property in the City without limitation as to rate or amount and in
amounts sufficient, together with other money legally available therefor, to pay the principal of
and interest on this bond when due. The full faith, credit and resources of the City are irrevocably
pledged for the annual levy and collection of such taxes and the prompt payment of such principal
and interest.
The pledge of tax levies for payment of principal of and interest on this bond may be
discharged prior to maturity of this bond by making provision for the payment thereof on the terms
and conditions set forth in the Bond Ordinance.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist and to have happened, been done and performed
precedent to and in the issuance of this bond exist and have happened, been done and performed
and that the issuance of this bond and the bonds of this issue does not violate any constitutional
statutory or other limitation upon the amount of bonded indebtedness that the City may incur.
IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to be
executed by the manual or facsimile signature of the Mayor the Clerk of the City, and the seal of
the City imprinted, impressed or otherwise reproduced hereon as of this _____ day of
___________, 2026.
[SEAL] CITY OF TUKWILA, WASHINGTON
By /s/ manual or facsimile
Mayor
113
ATTEST:
/s/ manual or facsimile
City Clerk
[FOR UNDERWRITTEN BONDS]
The Certificate of Authentication for the Bonds shall be in substantially the following form
and shall appear on each Bond:
CERTIFICATE OF AUTHENTICATION
Date of Authentication: _______________
This bond is one of the bonds described in the within-mentioned Bond Ordinance and is
one of the Unlimited Tax General Obligation Refunding Bonds, 2026 of the City of Tukwila,
Washington, dated ___________, 2026.
WASHINGTON STATE FISCAL AGENT,
as Registrar
By
Authorized Officer
[FOR DIRECT PURCHASE BONDS]
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the books of the City, in
the office of the ___________ (the “Bond Registrar”), as to both principal and interest, as noted
in the registration blank below. All payments of principal of and interest on this bond shall be
made by the City as provided in the Bond Ordinance.
Date of
Registration
Name and Address of
Registered Owner
Signature of
Bond Registrar
____________ __, 2026
___________________
PAYMENT SCHEDULE
Principal and interest on this bond shall be payable as set forth in the following schedule:
Date Principal Interest Total Payment
114
CERTIFICATE
I, the undersigned, Clerk of the City of Tukwila, Washington, DO HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of Ordinance No. _____ (the
“Ordinance”) of the City duly passed at a regular meeting of the City Council (the “Council”) of
the City held on the 10th day of August, 2026.
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was given; that a
legal quorum was present throughout the meeting and a legally sufficient number of members of
the Council voted in the proper manner for the passage of said ordinance; that all other
requirements and proceedings incident to the proper adoption or passage of said ordinance have
been fully fulfilled, carried out and otherwise observed, and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of August, 2026.
City Clerk
115
Clety of T
Washington
Resolution No. 14 k
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A DEBT POLICY;
AND REPEALING RESOLUTION NO. 1840
WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 1840
adopting a debt policy; and
WHEREAS, a debt policy and appropriate management of debt issued by the City is
an important factor in measuring the City's financial performance and condition and
WHEREAS, the proper management of borrowing can yield significant advantages;
and
WHEREAS, debt issuance planning with the City's Capital Improvement Program
CIP), will ensure alignment between financing strategies and long-term capital priorities;
and
WHEREAS, the use of long-term debt for operating or maintenance costs, except in
declared emergencies authorized by the City Council, promotes fiscal discipline and
responsible debt management, and
WHEREAS, clear delineation of the roles and responsibilities of the City Council and
Finance Director, including authority over inter -fund loans, delegation of bond issuance
approvals, and oversight of post -issuance compliance activities, will ensure appropriate
checks and balances; and
WHEREAS, expanding the range of eligible financing tools and debt instruments,
including interfund loans, state and federal loan programs, and other legal financing
contracts, provides the City with greater flexibility and cost-effective funding options; and
WHEREAS, enhancing compliance with federal and state laws by establishing
comprehensive procedures for continuing disclosure, arbitrage rebate monitoring. and
Legislation: Debt Policy Page 1 of 2
Version: 6/16i2025
Staff, T. Cullerton
116
post -issuance compliance with IRS and SEC regulations, thereby safeguards the City's
credit standing and legal obligations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. Resolution No. 1840 is hereby repealed.
Section 2. Findings Incorporated and Adoption. The above "whereas recitals are
adopted as findings in support of this resolution, and the City of Tukwila Debt Policy
attached hereto as Exhibit A is adopted.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this `- day of 2025.
ATTEST/AUTH E NTI CATE D:
411AAv
n You Barnett; MC, City Clerk Tosh Sharp, Co X esiden t
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council: 0") 1
Resolution Number:
office of the City Attorney
Attachment: Exhibit A— City of Tukwila Debt Policy - 2025
Legislation: Debt Policy
Version: 6/ 16/2025
Staff: T, Cullerton
Page 2 of 2
117
City of Tukwila
Debt Policy
Adapted 2025
City of Tukwila Debt Policy Page 1 of 10
118
TABLE 01"CONTENTS
SECTION L INTRODUCTION
SECTION M, GOVERNING PRINCIPLES
SECTION V. TRANSAMON-SPECIrIC POLICIES
SECTION Vt. COMPUANCE POLIC]ES
SECTION V111. OTHCR POLICIE5
3
3
4
51
6
91
10
City,of Tukwila Debt Pohcy Rage 2 of 10,
119
Sectilon 1. Introduction
The objective of thiis policy is to provide general guidance for the issuance and rnanagement of all City Of
Tiuk,wiJa (the City) debt. Further, this policy estabhshe5 criteria to protect the, UtV's financial integrity whlhe
providing a mechanism to fund the City's capital needs prudently and cost effectively. Adherence to this
policy is essential to enisure that the City Council (Council) maintains a debt position which allows the
Counc'(I to protect the City, its functionality, and the credit quality of its obligations.
The City's Finance Department is charged with ensuring, comphance with all debt policy requirements,
Capital Plannin
The City shall integrate, its debt issuance with its Capital Improvement Program, (referred to herein as CiP
or Capital Facilities Pian) spending to ensure that planned financing coinform!s to policy, targets regarding
the level and, composition of outstanding debt. This planning considers the long-term horizon, paying
particular attention to financing priorities, capital outlays and competing projects.
Long-term borrowing shall be confined to the acquisidon and/or construction of capital improvernents
and shall not be used to fund operating or maintenance costs. The issuance of debt to fund operating
deficits is not permitted aexcept in ernergend'es as adopted by formal action, by the City Couincil. For afl
capital projects, under consideration, the City shall budget and set aside sufficient revenue from
operations to fund ongoing maintenance needs and to provide reserves for periodic replacement and
renewal. The source of funds for the project should reflect the intended use of bond flinaincing.
Section, It. Governing Principles
in the issuance and management of debt, the City hall comply with the State of Washington (State)
constitution and with, aR, other legal requirements imposed by federal, State, and local rules and
regulations, as appnCale, The foflowing, section highlights the legal framework, for debt issuance. State
Statutes, The City issues debt in accordance with the Revised Code of Washington (RCW), in particular
chapters 3936, 39.46, and 39.53, the State constitution along with all other City, State, and federa
Ill laws, rules, and regulations. Federal
Rules and Regulations. The, City shall issue and manage debt in accordance with, the lirnitatiions and
constiraints, imposed Iby federal rules and regulations, Including but: not firnited to, Internal Revenue Code
of 1996, as amended, and Treasury Department Regulations thereunder, (Tax Law'), and the Securities,
Acts oaf' 1933 and 19,34 (Securities Law). Local
Rules and Regulations. The City shall issue and sell debt in accordance with the limitations and constraints
imposed by the Tukwila Municipal Code (TMC), including but not limited to Tide 3 (Revenue and
Finance) and City ordinances, resolutions, policies, procedures, and bond covenants, City
of Tukwila Debit Policy Page 3 of 10
120
Legal Debt Limits for GO Debt
State law (RCW 39.36,0201) alilows for the issuance of genera I obligation, (GO) debt, through a public vote,
of up to 7.5% of the City's, assessed property valuation. The limit of 7.5% of assessed valuation for GO,
debt is divided between three different uise types,; 1) 25% for municipally owned water, sewer, or electric
facilities; 2) 2. 5% for open space and parks, and 3) 2.5% for general government purposes. Within the
2. 5% limit for general) government purposes, State law allows the Council to issue debt without a vote of
the people. This non -voted debt (also called councilmanic debit) cannot be greater than, 1.5%, of the
assessed property valuation of the City.
rIT"o mm.
Responsib ILfies of City Council
Approve this policy and any updates/changes to this policy to help ensure compliance with all
applicable rules and regulations, for debt issuance,
Approve projects to be financed as part of the City Capital Facilities Plan.
Adopt an ordinance authorizing, the issuance and sale of debt, and, as applicable, setting forth the
delegation requirements provided for in RC W 39.46,040 when appointing a designated
representative, the City Finance Director or their designee, to approve the finall terms of the debt.
Approve budgets sufficient to, iprovide forthe firnely payment of principal and interest on all debt,
Resnsibifities of the Finance Director 0
Apply and promote prudent fiscal practices. 0
Oversee any debt issuance including sale of bonds and review and approval of disclosure documents,
0
Approve the issuance of debit at the lowest acceptable cost and risk withiiin the pararnieters authorized
by City Council in the bond! ordinance. 0
Provide for the timely payment of principal and interest payinient on all debt and ensure the fiscal agent
receives funds for payment of debt service on or prior to the payment date, 0
Ensure compliance with all Tax Laws, Securities Laws, contractual requirements, and other ruiles and
regulations governing the issuance of debt, 0
Ensure compliance with all terms, conditions, post -issuance requirements, and Tax Law requirements
imposed by law and /orthe legal docurnents governing the debt issued, 0
Ensure any annual disclosure reports and notices regarding the occurrence of certain events are timely
posted to the EMMA (Electronic )'Municipal Market Access) system in accordance with continuing
disclosure undertakings of the City pursuant to Securities Law, 0
Maintain records for all outstanding debt. Oversee
all aspects of debt management, solicit
and select professional services providers as necessary, to administer debt financing. 0
Consult with the City's contracted municipal advisor to determine the method of sale best suited for
each issue of debt (competitive saile, negotiated sale, or bank/direct placernent). 0
Select the manner of sale of debt. 0i
Monitor opportunities to refund debt and recommend such refunding as appropriate,, City
of Tukwila Debt Poliicy Page, 4 of 1,01
121
Provide pertinent information to credit rating agencies when issuing debt and as, routine credit
reviews occur.
I'he City"s Finance Director will be responsible for the solicitation and selection of professional services as
necessary to administer the City's debt program. Professional service providers necessary to issue debt
may, include, but are not limited to bond counsel, discllosure counsel (which, may be bond counsel),
municipal advisor, underwwriters,, banks, rating agencies, and fiscal agent, Selection of the service providers
will consider availability, professional knowledge, accountability, cost, as well as successful partnerships
in previous debt issuances, The City wilil issue debt considering cost and associated risk.
Professional Service Providers
Bond Counsel — Debt issued by the City will generally include a written opinion by bond counsel, affirming
that the City is legally authorized to issue the proposed debt., The opinion shall provide that the obligation
is ilegal, valid and blinding, and enforceable against the City. in the case of taix exempt financing, the llega!l
opinion will address the treatment of interest for, purposes, of Tax Law.
Municipal Advisor — A Municipal Advisor may be used to, assist in the issuance of the City's debt. The
Municipal Advisor will provide the City with objective advice and analysis on debt issuance, This includes,
but is not llimited to, coordinating of finance team, monitoring of market opportunities, structuring and
pricing of debt, competitive sale execution, and reviewing the preliminary and final official statements.
Disclosure Counsel - The Disclosure Counsel (which may be bond counsel) plays a critical role in ensuhrig
that the City's preliminary and final official statements comply with Securities Laws and ldusclosure
req uirerne nits, Disclosure Counsel provides legal guidaince on the accuracy, completeness, aind
transparency of the information Presented to investors, helping to mitigate the risk of material
misstatements or omissions. Working closely wrth the Oty's finance team, bond counsel, and irnunicipal
advisor, Disclosure Counsel reviews finainicial and operational disclosures, drafts legal sections of the
official statements, and provides legal advice in conniection with the City's obligations under SEC Rule
15c2-12 and other applicable regulations, Their expertise helps protect the City from potential legal and
regulaitory risks while maintaining investor confidence in the bond Issuance process,
Underwriters —An Underwriter willl be selected in advance for all debt issued in a negotiated sale method,
The Underwriter is responsible for purchasing debt and reselling the debt to investors,
Arbitrage Rebate Consultant -As necessary, the City may engage with an arbitrage rebate consultant to
ensure the City is compliant with Tax Law on taxi exempt bonds by calculating potential arbitrage rebate
liabilitlies, The consultant: will analyze investment earnings, determine rebate amounts owed under IR,S
Code 148(f), and assist with documentation, deadlines, and best practices to rmniimize exposure, and aivoid
penalties,
City of Tukwila Debt Policy Page 5 of 10
122
Fiscal Agent —A fiscal agent away be used to provide accurate and timelysecurities processing andpayrnen't
to bondholders. As provided under RCW43,80,the City will work with the Fiscal Agent that is determined
by the State.
WIFSONUM
For any City project planned to be funded through debt, an analysis will be, done to consider: (a) other
potential ways to finance the project; (b) future operating and maintenance costs, inclludiing debt
repayment; (c) expected cash inflows that could help, offset the amount borrowed; and (d) anticipated
cash outflows for construction or equipment to ensure cornpliance with, arbitrage rules.
Me_t 9 . LS _al ca
The Finance Director, in consultation with the City's municipal advisor, will determine the method of sale
best suited foir each issue of debt (competitive saille, negotiated sallei, or bank/direct placement). The type
of debt to be issued and manners of the sale will be submitted to the City Council for approval in the bond
ordinance. The bond ordinance will authorize the issuance and sale of debt, and, as applicable, set forth,
the delegation requirements provided for in, RCW 39.46.040 when appointing a designated
representative, the City finance Director or their designee, to approve the final terms of the debt.
Bond Insurance
For each, issue, the City, in conjunction with its municipal advisor, will evaluate the costs and benefilts, of
bond insurance or other credit entrancements. Any credit enhancement purchases by the City must be
competitively procured in a mariner deemed reasonable by the City Finance Director.
goad BaLlipt Leasjjres
Prior to any unlimited t,ax general obligation bond (described belowl) proposition being placed before the
voters, the capitall project under consideration must, unless otherwise justified and have found to be in
the best interest of the City, have been inicluided in the City's Capital Faidlities Plain, The source of funds
for the project should reflect the intended use of bond financing.
investor a nd
The City will maintain good) communications with, bond rating agencies and investors about its fiscal
condition. The City will provide full, accurate and complete disclosure on financial reports, and in disclosure
documents to comply with the anti -fraud requirements of Securities Laws.
Short-term i debt
The City rimy use short-term debt, defined as a period not to exceed three years, to fund cash flow needs,
which may be caused by a delay in receipting tax revenues or issuing long-term dlebt. The City will not
Issue short-term debt for current operations, except in the event of an, emergency.
The City may issue interfund loans rather than issuing outside debt to rneet short-term cash flow needs.
The issuance of an interfund loan will be permissible only after an analysis of the loaning fund(s) indicate(s)
that excess funds are available, and the use of these funds will not impact the loaning fund(s) current
City of Tukwilai Debt Policy Page 6 of 10
123
operations or constitute a pennanient diversion of funds, All interfund borrowing will bear interest based
upon at least the Prevailing LGIP (Local Government investment Pool) ratie.
Council authorizes the City's Finance Director to, approve short-term interfund loans for a period not to
exceed three calendar months and the City Admirilstrator to approve short-term interfund loans for a
period not to exceed 12 calendar months. See long-term debt section below for policy oni loans exceeding
12 calendar, months. The Finance Directolir shaill notify the Finance & Governance Colimmitteel and/or City
Colonicil of any use of directorial or administrator approved interfund Moans at the 'first reasonable
opportunity.
Interfund loans are not considered "debt" for puirposes of State law, Securities, Law, or Tax Law,
on - Le Lrn_lit
The City will issue long-term debt, defined as a, period greater than three years, for caplital projects which
cainnolt reasonably be financed on a pay-as-you-go 'funding strategy frorn anticipated cash flows.
Acceptable uses of bond proceeds are one-time capitall projects that can be capitalized aind depreciated
in accordance with the City's accounting principles. (Refunding debt is also an acceptable use. See
refunding debt section, bellow,)
The City Council may issue long -terra interfund loans rather than issuing outside debt instruments as a
means of financing capital improvements, The issuance of an interfund loan will be permissible only after
an analysis of the Icianing funds) indicate that excess funds, are available, and the use of these funds will
not impact the loaning fund(s) current operations or constitute a plerirnanent diversion of funds. All
interfund borrowing will blear interest based upon at least the pirevalling LGIP (Local Government
Investment Pool) rate,
The decision to use an interfund loan rather than outside debt to fuind capital projects will be based on
which is deemed to be the most cost-effective approach to meet City capital needs, The City's Finance
Departni responsible for making such ain assessment, Interfund loans are not considered "clebti" for
purposes of State llawl, Securities Law, or Tax Law.
The City willl not issue long-literm, debt for current operational needs,, except in the, event of an emergency,
Types of long-term debt the City may issue,,,
i nrTrn p l_Lq.&,p ,Sn.g.[A[q 9 _aTGO Bonds: LTaGO, debt isbypledgeofthefullfaithandcreditJ_ ofthe
City and is payable frorn regular property taxes and other legally available funds. These bonds can be issued
without a vote of registered voters, but are limited in, that debit service payments must be paid frorn legally
available City revenue sources. The arnounit of LTG O outstanding debit cannot exceed the threshold stated
above, Unlimited Tax
General Ob il debt is secured by a pledge of the full faith and credit of
the City and is Payable from excess property taxes and other legally ava4able funds. These blonds cain only
be issued when authorized by a 610% majority vote of registered voters, (meeting the minimium voter turnout
requirement), As part of the bialllot proposition, voters will approve the issuance of the UTGO debt and
an excess property taix levy, as a completely new and dedicated source of revenue, to pay the debt service.
The amount of UTGO, debt cannot exceed the thresholds stated above. Proceeds of UTGO debt are
limited to capital purposes only and not the replacement of equipment. City of
Tukwila Debit Policy Paige 7 of 10
124
Revenue Bonds: Revenue bondis are used to finance construction of and/'or improvements to facilities of
enterprise systerns operated by the City in accordance with the Capiital Facilities Plain and are payable
from and secured by a pledge of revenue of the enterprise, No taxing power or general fund pledge is
provided as security, with the exceptilon, of double barrel bonds. Double -barrel bonds aire a type of
municipalbond that are backed by enterprise funds and the I°ulli faith and credit of the City, Unlike geri obhgation
bonds, revenue bonds are riot subject to the City's statutory debt limitation nor is voter approval
required. Revenue bonds, may contain certahi covenants and obligations of the City, including but
not limited to, future parity bond tests, annuai debt service coverage requirements, restrictions on disposal
of the enterprise facility/utifty, and other terrnis to protect the stream, of revenue, pledged to the repayment
of the revenue bonds. Reserve
accounts may be created on a transaction-by-trainsaictiialriI basis. Any reserve account created shall be
maintained and! funded as required by bond ordinances and as deemed advisable by the City Council) or
the designated representative on behalf of the City. The City shall structure any debt service reserve fund
to not violate the Tax Code. The
City will strive for annual revenue bond diebit coverage of at least 1-5 times the annual debt service paid
in such year. Additional bonds issued may be subject to additional bonds tests as described in, bond ordinances.
Also
referred to as Loral Improvement District (U11)), bonds, this type of debt is used
to finance capital improvements that benefit pricil owners within, the LID, LID debit is repaid from annual
assessments plaid to the City by property owners within the LID. LiDs, are formed by City Council following
the process outlined in State statutes and chapter 13.0,4 TIVIC, The cost is borne, only by those who
receive a, speclal benefit from the, improvements. LID debt is not part of the debt capacity calcullation, Other
Debt llnstrurneintsInstruni such as public Works Trust Fund loal% or other financing, contracts issued through
the State of Washington, federal grant loans, bond anticipation notes (BAN), tax anticipation notes (
TAN), bank loans, and/or other legal debit issues mialy Ibe iincurred ais allowed by law, Egiva rMR041
Refunding debit
may be issued by the City in accordance with chapter 391.53 RCW. Refunding debt is typically issued
to, taike advantage of lower interest rates for overall cost savings, restructure debt, or rnodify blond
covenants, Refunding bonds are an acceptable use of bond proceeds provided that, and unless otherwise
justifled and found to be in the best interest of the City, a) the net present vallue (NPV') of the
overall savings (not by, rniaturity), is at least 3% and b) the finial] maturity date of the obligation is not extended. Other
ConsideratJons
The follovilling
terms, shall be applied to the City's debt transactions, as appropriate. Individual terms may change as
dictated by the marketplace or the unique qualities of the transaction. City of
TiAwfla Debit Policy page 8 of 10
125
6 Maturity —The City shall Issue debt,with an average llife le ss than or equal to the average life oaf
the assets being financed. U!nless otherwise stated in law, the final maturity of the debt shall be
no longer than 40 years (RC'VV 39.46, 1 :to).
0 Debt Service Structure — Ulnlless otherwise justified, debt service should be structured on a level
baisis ('i.e., level annual payments). Refunding bondls should be structured to, produce, equal
savings by fiscal year. Unless otherwise Justified, debt shall not have capitalized interest, If
appropriate, debt service reserve funds may be used for revenue bonds,
0 Price Structure — The City's long-term debt may include par, discount, and premium bonds. Cali
Provisions — For each transaction, the City shall evaluate the costs and benefits of callll iprovrsllons,
In general, the City shall opt for a call date no later than 10 Y, years from, the date of the bonds.
0 Tax -exemption — Ulnless otherwise justified and deemed necessary, the City shall issue its debt on
a tax-exempt basis,
0 Reimbursement declaration -- Must be made prior to bond Issuance if the City intends to be
reimbursed out of tax exempt bond proceeds for capital costs paid prior to the closing date.
0 The City will not use derivatives in, connection with any new financirigs,
The City will not become obligated for any new City debt or otherwise be iinvolllved in, ainy new
financing that would include a variable rate of interest or variable debt, service (excluding of any
additional rent payable under a financing lease or other obligation for ongoing transaction fees),
The City vwill comply with all federal, State, contractual restrictions and City policies regarding the
investment of bond proceeds and associated funds subject to debt -related investment limitations. Such
requirernents may include restrictions on, the type of securities allowed the yield on, such securities, and
the length, of time that such proceeds and funds may be invested,
For refunding escrows, the City may invest funds in State and Local Government Series (SLGSl securities
issued by the US, Treasury, or, after satisfying requirements of Tax Law and if deterrnmed advisable after
consultation, with the City's municipM advisor and bond counsel, in open -market securities as permitted
under State law and relevant bond covenants,
The City will maintain a system for tracking bond proceeds, Including how proceeds are invested, when
they are spent, and for what purpose, Bond proceeds shall, unless otherwise permitted, be tracked
separately from other City funds and on an issue by issue basis,
The City shall maintain records related to the bonds for the life of the bonds (plus any refunding bonds)
plus three years,,
The City will, unless otherwise permitted, spend at least 85%, of tax-exeryipt bond proceeds within, three
years frorn the date of issuance pursuant to Tax Law, and take such steps as necessary to avoid or manage
arbitrage. The City will maintain a system, of recordkeeping and reporting to meet the arbitrage rebate
compliance requirement of the IRS (Internal Revenue Service, IRC 148) regulation, For each bond issue,
the recorcilkeeping will Include tracking the yield and Investment earnings on bondproceeds, calculating rebate
payments, and remitting any rebate earnings to, the federal go vernment in a timely manner to preserve
the tax-exempt status of the outstanding, debt obligation. Any bond proceeds invested will comply
with the City's investment policy and strate,Oes, unless further restricted by bond covenant. "r'hie City
of Tukwila Debt Policy Page 91 of 10
126
City may, when determined to be in the best interest of the City or required, contract with an arbitrage
rebate consultant to assist with the arbitrage rebate calculation.
The City will repay principal' plus interest in accordance, with the paynienitteirms of the bond or contract.
Furthermore,, the City, will comply wlth all bond or contract covenants. This includes, but is not limited to,
any undertakings to provide ongoing disclosure and notice of certain listed events under Securities Laws,
Annual disclosure will take the form of the City's audited annual financial statements as well as other
information required by the bond or contract that is not reasonably contained in the annual report, The
City Finance Director will develop ands comply with all post -issuance compliance polides an dl procedures
related to Tax Law and policies and procedures relating to, initial' and! ongoing disclosure under Securities
Laws.
The Finance Director and bond counsel wM coordinate their activities and reviiew all debt issuance to
ensure that all secuiritilies are issued in, com:plliance with State and federal legal and regulatory
requirements by the State law, Tax Law, Secuiriities Law, rules and regulations,
The Finance Director may institute procedures to inipiernent this policy and other bond covenants and
Provisions related to State law, Tax Law, Securities Law, rules and regulations applicable to the City's, debt.
No derivative products shall be used in connection with City debt.
MWOMM
This debt policy must be adopted by Councill. The policy wiH be reviewed at least every four years by the
Finance Department and modifications must be submitted to and approved by the Council,
City of Tukwila Debt Policy Page, 10 of 10
127
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item Rental Housing Update
Sponsor Nora Gierloff, DCD Director
Legislative History June 22, 2026 Planning & Community Development Committee
July 13, 2026 Committee of the Whole
July 20, 2026 Regular Meeting
Recommended Motion
☐Discussion Only ☒Action Requested
MOVE TO adopt the ordinance amending the Residential Rental
Business License and Inspection Program to include an inspection
incentive program as Codified at TMC 5.06.
EXECUTIVE SUMMARY
Ordinance to provide reduced inspection requirements for well-maintained residential rental properties.
DISCUSSION
The rental housing program has drafted an ordinance that would provide an incentive that would allow
well managed properties (no unit failures and minimal corrections) to reduce the number of units that
need to be inspected at their 4-year inspection cycle. This will help staff to focus on the properties with
significant health and safety concerns and provide a financial incentive for landlords to proactively
maintain their properties. An insightful article about the value of proactive rental inspection programs
can be found here.
The proposed incentive will replace an older, unused one linked to the Police Department’s prior Crime
Free Rental Housing Program that has been replaced by Crime Prevention Through Environmental
Design (CPTED). The CPTED program focuses on exterior building and site design, not on living
conditions within the units, so isn’t a good measure of residential unit maintenance.
In addition, there are also a few housekeeping items such as: •Requiring private inspectors to send their reports directly to the City rather than to the property
owner,
•Increasing the size of properties eligible to use the City's inspector rather than a private inspector
from 5 to 13 units, and
•Changing the inspection deadline from December 31 to September 30.
FINANCIAL IMPACT
Most of the waived inspections would have been performed by private inspectors, not City Code
Enforcement Officers, so no significant changes to revenue generated by the Rental Housing
Inspection program are anticipated from this ordinance.
ATTACHMENTS
Draft Ordinance
5.C.
128
2026 Legislation: Incentive-Based Rental Inspection Program Page 1 of 5
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Staff: L. Solberg/N. Waggood
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING THE CITY OF
TUKWILA'S RESIDENTIAL RENTAL BUSINESS LICENSE
AND INSPECTION PROGRAM REQUIREMENTS TO INCLUDE
AN INCENTIVE-BASED PROGRAM; AMENDING ORDINANCE
NOS.2284, 2049, 2496, 2519, AND 2600, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTIONS 5.06.140, AND
5.06.210 TO; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City maintains a Residential Rental Business License and
Inspection Program, pursuant to Tukwila Municipal Code (TMC) Chapter 5.06 , which
requires rental unit owners to obtain a residential rental business license a s well as
periodic inspections; and
WHEREAS, the program has significantly improved and maintained the condition of
the City's rental housing stock; and
WHEREAS, in response to property owner requests the City would like to extend
the option to use City inspectors to complexes of up to 12 units; and
WHEREAS, references to the Police Department’s Crime Free Multi-Family Housing
Program should be deleted as that program is no longer active and did not focus on living
conditions within the units; and
WHEREAS, the City would like to incentivize pro-active property maintenance by
reducing the number of inspections required in subsequent cycles for properties where
all units meet safety and health standards; and
WHEREAS, the ordinance amendments are procedural in nature, and are therefore
categorically exempt from the State Environmental Policy Act (SEPA) review pursuant
to WAC 197-11-800(19);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
DRAFT
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WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 5.06.050 Inspection Required Amended. Ordinance Nos. 2281
§1 (part); 2459 § 2; 2519 § 3; and 2600 § 1, as codified at Tukwila Municipal Code
(TMC) Section 5.06.050, are hereby amended to read as follows:
5.06.050 Inspection Required.
A. The property owner is responsible for obtaining an inspection of each rental unit
and submitting the Inspection Checklist to the code official no later than September
30 of the year the Certificate of Compliance expires. If a non-City inspector is
utilized the inspector shall submit the Inspection Checklist directly to the Code
Official.
B. When a unit changes from owner occupancy to a rental, the inspection must occur
before the unit is occupied by the tenant. An inspection is not required the year a
Certificate of Occupancy is issued for a newly-constructed building, and thereafter
the building will be inspected according to the quadrant in which it is located.
C. Owners of complexes with 13 or more units are required to utilize a non -
City inspector. Owners of rental properties with fewer than 13 units may
utilize a City inspector or a non-City inspector. Non-City inspectors must meet the
qualifications defined herein, be preapproved by the City, and may not have a financial
interest in the property. The City shall provide the Inspection Checklist to the owner
with the application form.
D. The code official shall issue a Certificate of Compliance for rental units that comply
with applicable laws based on a submitted Inspection Checklist. If using a non-City
inspector, the owner shall be responsible for making the inspection arrangements
with the non-City inspector.
E. The code official shall audit Inspection Checklists submitted by private inspectors
and based on audit results may reinspect units on that property or inspected by that
inspector.
F. Submittal of an Inspection Checklist that the owner knows or should have known is
false may result in revocation of the residential rental business license and penalties
defined in TMC Section 5.06.200.
G. An Inspector may be removed from the City’s approved list for reasons including,
but not limited to:
1. Submittal of an Inspection Checklist that the inspector knows or should have
known is false.
2. Conviction for any crime that occurs in connection with an inspection.
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3. Failure to hold a valid Tukwila business license.
H. Incentive-Based Inspection Program.
1. Purpose. The purpose of this subsection is to establish a performance-based
inspection incentive for rental properties that consistently demonstrate full
compliance with applicable housing, maintenance, and life -safety standards,
while maintaining the City’s inspection authority and tenant protections.
2. Applicability. This program applies to all rental properties subject to this chapter,
except rentals containing only one dwelling unit.
3. A property shall qualify for the incentive under this subsection only if all units on
the property receive a passing inspection score (24 or fewer deficiency points),
and the average number of rental inspection deficiency points across all units is
15 or fewer.
4. Modified Inspection Incentive. Any property that meets all qualifications for
incentive status under TMC 5.06.050(H)(3) shall be entitled to receive a
modified inspection at the next scheduled four-year inspection cycle. The City
shall conduct the modified inspection consisting of twelve (12) randomly
selected units, or fifty (50) percent of the total units if the property contains fewer
than twenty-five (25) units. Private inspections shall not be permitted for
modified inspections under this program.
5. Inspection Outcomes. If all inspected units receive a passing inspection score
(24 or fewer deficiency points), and the average number of rental inspection
deficiency points across all units is 15 or fewer, no further inspection shall be
required for that cycle, and the property shall continue within the standard four-
year inspection rotation. If any inspected unit fails (25 or more deficiency points),
the incentive status shall be revoked for that cycle, the property shall be required
to complete a full inspection of all units, and standard enforcement and
reinspection requirements shall apply.
6. Courtesy Inspection Safeguard. Nothing in this subsection limits the authority of
the City to conduct inspections in response to complaints or tenant requests for
a courtesy inspection. If a property participating in the incentive program fails a
courtesy inspection, the incentive status shall be revoked, and the property shall
be required to complete a full inspection of all units at the next scheduled
inspection cycle.
7. Requalification. A property that loses eligibility under this subsection may
requalify at the next inspection cycle if all units on the property receive a passing
inspection score (24 or fewer deficiency points), and the average number of
rental inspection deficiency points across all units is 15 or fewer.
8. No Limitation on Authority. Nothing in this subsection modifies or limits the City’s
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inspection authority, enforcement actions or penalties, tenant complaint
processes, or the standard four-year inspection cycle structure.
Section 2. TMC 5.06.140 Certificate of Compliance Validity and Renewal
Amended. Ordinance Nos. 2281 §1 (part); 2459 §8; and Ord. 2519 § 4, as codified at
Tukwila Municipal Code (TMC) Section 5.06.140 are hereby amended to read as
follows:
5.06.140 Certificate of Compliance Validity and Renewal
Certificates of Compliance expire on September 30thDecember 31, four years from the
date of issuance by the City. Failure to renew the Certificate of Compliance every four
years shall result in the non-issuance or revocation of the rental business license for
that unit. Rental properties that are registered and continue to meet all the requirements
of the City’s Crime-Free Rental Housing Program, or other City-administered program
to certify rental properties as working proactively at crime prevention, may extend their
required rental inspection schedule to once every 8 years. If participation in such
program is terminated due to failure to meet program requirements or for any other
reason, the rental inspection shall be due at the end of the calendar year of the year of
termination or 4 years from the last inspection, whichever is later. Furthermore, if a
property registered in the Crime-Free Rental Housing Program, or any other City-
administered program to certify rental properties as working proactively at crime
prevention, is the subject of 3 or more code violation complaints verified by the City in
any 6-month period for violations affecting the habitability of a residential unit, the
property will revert to a 4-year inspection cycle.
Section 3. TMC 5.06.210 Appeal Amended. Ordinance Nos. 2281 §1 (part) and
2496 § 7, as codified at Tukwila Municipal Code (TMC) Section 5.06.210 subsection B
are hereby amended to read as follows:
5.06.210 Appeal
B. Upon timely filing of a notice of appeal, the Finance Community Development
Director shall schedule a hearing on the appeal before the City’s Hearing Examiner or
other hearing body. The hearing shall be conducted no later than 30 business days from
the date of the notice of appeal, unless an extension is agreed to by the appellant or
otherwise ordered by the Hearing Examiner or other hearing body for good cause
shown. Notice of the hearing will be mailed to the owner.
Section 4. 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 clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
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invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this _______ day of ___________________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
133
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item
Sponsor
Ordinance Granting a Non-Exclusive Franchise Agreement to Forged Fiber
37, LLC
Eric Compton, Telecommunications Analyst
Technology & Innovation Services
Legislative History June 22, 2026 Transportation & Infrastructure Services Committee
July 13, 2026 Committee of the Whole
July 20 , 2026 Regular Meeting
Recommended Motion ☐Discussion Only ☒Action Requested
MOVE TO approve an ordinance granting a non-exclusive
franchise agreement with Forged Fiber 37, LLC.
EXECUTIVE SUMMARY
Forged Fiber is a business-oriented internet service provider wanting to connect Tukwila businesses to high-
speed fiber for internet. Council is being asked to approve the new ordinance for the franchise agreement
that will allow Forged Fiber to operate their network in Tukwila and provide competition for internet service
providers.
DISCUSSION
State law provides cities the authority to establish franchises to telecommunication providers who wish
to occupy city owned rights-of-way. Tukwila Municipal Code 11.32.060 requires all telecommunication
providers to obtain franchise agreements with the City prior to approval to construct, maintain and
operate within the City limits.
Forged Fiber is a subsidiary of AT&T that provides wholesale internet services in eleven States and is
looking to expand their network into Tukwila by assuming the infrastructure of Lumen’s fiber network
Under the terms of the Franchise, Forged Fiber is required to pay the City a $5891 administrative fee.
Council is being asked to approve the Ordinance granting Forged Fiber a Franchise Agreement and
consider this item at the July 13, 2026 Committee of the Whole and July 20, 2026 Regular Meeting.
ATTACHMENTS
Final Franchise Ordinance: Telecom Franchise Forged Fiber 37
5.D.
134
2026 Legislation: Forged Fiber 37 Franchise Page 1 of 2
Version: 09/042025
Staff: E. Compton
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING TO FORGED FIBER 37, LLC, AND ITS AFFILIATES,
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE,
AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS,
TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK, IN, ACROSS, OVER, ALONG,
UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC
RIGHTS-OF-WAY OF THE CITY OF TUKWILA, WASHINGTON;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, FORGED FIBER 37, LLC, a Delaware limited liability company
(“Franchisee”), doing business in the State of Washington, has applied for a non -
exclusive telecommunications franchise to construct, operate, and maintain
telecommunications facilities upon, in, under, across, along, and over certain City roads;
and
WHEREAS, the Parties desire to execute a new nonexclusive franchise (this
“Franchise”) for purposes of operating and maintaining a telecommunications network;
and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a
telecommunications franchise subject to certain terms and conditions, which are
acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. The City of Tukwila, hereby grants a
telecommunications franchise, attached and incorporated as Exhibit A, to FORGED
FIBER 37, LLC. The term of this franchise shall be for five years, commencing on the
date the last party executes the franchise.
DRAFT
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Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1. shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to
this Ordinance shall not become effective until its terms and conditions are accepted by
FORGED FIBER 37, LLC. Such acceptance shall contain any required letter of credit,
evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and
shall be filed with the City Clerk within sixty (60) days after the effective date of this
Ordinance. Such instrument shall conform substantially to Attachment B, and evidence
the unconditional acceptance of the terms hereof and a promise to comply with and abide
by the provisions, terms and conditions hereof.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Section 5. Correction. The City Clerk are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 6. Effective Date. This Ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall
take effect five (5) days after passage and publication of an approved summary thereof
consisting of the title.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON , at a
regular meeting thereof this ____ day of _______, 202 6.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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ATTACHMENT A
[See attached.]
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Attachment A - Page 1 of 36
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
FORGED FIBER 37, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter (“the City”) and Forged Fiber 37, LLC, a
Delaware limited liability company, who is hereinafter known as (“Franchisee”). The City and
Franchisee are sometimes referred to hereinafter collectively as the “parties.”
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Franchisee a non-
exclusive franchise (the “Franchise”) under the terms and conditions contained in this franchise
ordinance (the “Franchise Ordinance”).
Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to
construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a
telecommunications network, in, under, on, across, over, through, along or below the public
Rights-of-Ways located in the City of Tukwila, as approved pursuant to City permits issued
pursuant to this Franchise and in accordance with all applicable federal, state, and local codes.
(a) “Facilities” as used in this Franchise means one or more elements of Franchisee’s
telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals,
antennas, electronics, and other necessary appurtenances; provided that placement by
Franchisee of new utility poles is specifically excluded unless otherwise specifically
approved by the City. Equipment enclosures with air conditioning or other noise
generating equipment are also excluded from “Facilities,” to the extent such equipment is
located in zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes “microcell” facilities, “minor facilities,” “small cell facilities,” all as
defined by RCW 80.36.375, and “macrocell” facilities, including towers and new base
stations and other similar facilities (except for fiber optic cables) used for the provision of
“personal wireless services” as defined by RCW 80.36.375.
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(b) Public “Rights-of-Way” means land acquired or dedicated to the public or that is
hereafter dedicated to the public and maintained under public authority, including, but not
limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks,
utility easements and similar public property located within the franchise area but does not
include: State highways; land dedicated for road, streets, highways not opened and not
improved for motor vehicle use by the public; structures including poles and conduits
located within the right-of-way; federally granted trust lands or forest board trust lands;
lands owned or managed by the State Parks and Recreation Commission; federally granted
railroad rights-of-way acquired under 43 USC § 912 and related provisions of federal law
that are not open for vehicular use; or leasehold or City-owned property to which the City
holds fee title or other title and which is utilized for park, utility or a governmental or
proprietary use (for example, buildings, other City-owned physical facilities, parks, poles,
conduits, fixtures, real property or property rights owned or leased by the City not reserved
for transportation purposes).
Section 2. Authority Limited to Occupation of the Public Rights-of-Way
Section 2.1. The authority granted pursuant to this Franchise is a limited authorization
to occupy and use the Rights-of-Way throughout the City (the “Franchise Area”). No right to
install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property
other than a Right-of-Way, or upon private property without the owner’s consent, or upon any
public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents
that it expects to provide the following services within the City: wholesale broadband fiber
services and internet access services (the “Services”). Nothing contained herein shall be construed
to grant or convey any right, title, or interest in the Rights -of-Way of the City to the Franchisee
other than for the purpose of providing the Services, nor to subordinate the primary use of the
Right-of-Way as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47
U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an amendment
to this Franchise approved by the City Council.
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of any one or
more Franchise Facilities will be subject to all applicable provisions of Title 1 1 TMC, including,
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Attachment A - Page 3 of 36
but not limited to, the City’s Infrastructure, Design, and Construction Standards, adopted by the
City’s Public Works Department of Public Works, the terms and conditions of City right-of-way
use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits
issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations.
Section 2.3. Franchisee shall have the right, without prior City approval, to offer or
provide capacity or bandwidth to its customers consistent with this Franchise, provided:
(a) Franchisee at all times retains exclusive ownership over its telecommunications
system, Facilities and Services and remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater than any
rights Franchisee has pursuant to this Franchise, provided that leases or other commercial
arrangements for the use of the Facilities installed pursuant to this Franchise may extend
beyond the term of the Franchise;
(c) Such customer or lessee shall not be construed to be a third-party beneficiary under
this Franchise; and
(d) No such customer or lessee may use the telecommunications system or Services for
any purpose not authorized by this Franchise, unless such rights are otherwise granted by
the City.
Section 3. Non-Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express condition and
understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or
hinder the City from granting to other parties, at other times and under such terms and conditions
as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in,
on, to, across, over, upon, along, under or through any Public Rights-of-Way. Additionally, this
Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public
Rights-of-Way or other public properties covered or affected by this Franchise, nor shall this
Franchise affect the City’s jurisdiction, authority or power over any of them, in whole or in part.
The City expressly retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the roads,
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Public Rights-of-Way or other public properties covered or affected by the Franchise as the City
may, in its sole and absolute discretion, deem fit, including the dedication, establishment,
maintenance and/or improvement of new Public Rights-of-Way, thoroughfares and other public
properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the
“Initial Term”), beginning on the Effective Date of the Franchise, and continuing until the date
that is one day prior to the fifth anniversary of the Effective Date (the “Initial Term Expiration
Date”), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise.
Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically
renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth
in this Franchise, for one (1) additional five (5) year (the “Renewal Term,” and, together with the
Initial Term, the “Term”), unless either party provides one hundred twenty (120) days written
notice to the other party to request an amendment to the Franchise.
Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a telecommunications network, consisting of
Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area
consistent with the City’s Infrastructure, Design and Construction standards and the Tukwila
Municipal Code and subject to the City’s applicable permit requirements. Franchisee shall not
commence any construction or other similar work within a Public Right-of-Way until (i) a right-
of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC
for a site-specific location or installation, including, but not limited to, relocations, and (ii) if
required by Title 16 TMC, a building permit authorizing such work has been issued by the City.
Section 5.2. To the extent that any Rights-of-Way within the Franchise Area are part of
the state highway system (“State Highways”), are considered managed access by the City and are
governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department
of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in
addition to local ordinances and other applicable regulations. Franchisee specifically agrees that:
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(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be restored,
repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will
promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove
from any Public Right-of-Way any portion of the Franchisee Facilities when so required by the
City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications
of new rights-of-way and the establishment and/or improvement thereof, (iv) widening and/or
improvement of existing rights-of-way, (v) right-of-way vacations, (vi) freeway construction,
(vii) change or establishment of road grade, or (viii) the construction of any public improvement
or structure by any governmental agency acting in a governmental capacity; PROVIDED that the
Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of
the same Public Right-of-Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this Section 6.
apply to all Franchisee Facilities wheresoever situated within any Public Right-of-Way, regardless
of whether the Franchisee Facility at issue was originally placed in such location under the
authority of an easement or other property interest prior to the property becoming a Public Right-
of-Way. For the avoidance of doubt, such projects shall include any Right-of-Way improvement
project, even if the project entails, in part, related work funded and/or performed by or for a third
party, provided that such work is performed for the public benefit, and not primarily for the benefit
of a private entity, and shall not include, without limitation, any other improvements or repairs
undertaken by or for the sole benefit of third party private entities. Collectively all such projects
described in this Section 6.1 shall be considered a “Public Project”. Except as otherwise provided
by law, the costs and expenses associated with relocations or disconnections ordered pursuant to
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this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit
Franchisee’s ability to seek reimbursement for relocation costs when permitted by RCW
35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of City
improvements to Public Rights-of-Way, Franchisee agrees, at its sole cost and expense, to locate
and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and
expense, portions of the Franchisee Facilities for inspection so that the location of the facilities
may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be
required to excavate and expose the Franchisee Facilities for inspection unless Franchisee’s record
drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise
are reasonably determined by the Public Works Director to be inadequate for the City’s planning
purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate
Public Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs in
performing any maintenance, operation, or improvement of or to public facilities due to measures
taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee
Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly
upon receiving the City’s invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person or entity
(including, without limitation, any condition or requirement imposed pursuant to any contract or
in conjunction with approvals for permits for zoning, land use, construction or development) which
reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required
relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the relocation of
Franchisee’s Facilities, the City shall provide Franchisee in writing with a date by which the
relocation shall be completed (the “Relocation Date”) consistent with RCW 35.99.060(2). In
calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of
facilities to be relocated, the services requirements, and the construction sequence for the
relocation, within the City’s overall project construction sequence and constraints, to safely
complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days’
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notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation
Date, unless the City or a reviewing court establishes a later date for completion, as described in
RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project. After
receipt of the written notice containing the Relocation Date, Franchisee shall relocate such
facilities to accommodate the Public Project consistent with the timeline provided by the City and
at no charge or expense to the City. Such timeline may be extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed above
and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the
work to Franchisee, including all costs and expenses incurred by the City due to Franchisee’s
delay. In such event, the City shall not be liable for any damage to any portion of Franchisee’s
Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay
the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect
Franchisee’s facilities and equipment, and that delay results in any delay damage accrued by or
against the City, Franchisee will be liable for all documented costs of construction delays
attributable to Franchisee’s failure to timely act. Franchisee reserves the right to challenge any
determination by the City of costs for construction delays related to an alleged failure to act in
accordance with this Section 6.5.
Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of
defending the City, in accordance with the provisions of Section 19. against any and all claims,
suits, actions, damages, or liabilities for delays on City construction projects caused by or arising
out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided,
that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond
the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City
or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or
in the event of an emergency beyond the control of the City which will result in severe financial
consequences to the City, which necessitates the relocation of Franchisee’s Facilities, Franchisee
shall relocate its Facilities within the time period specified by the City.
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Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict
Franchisee from making any arrangements it may deem appropriate when responding to a request
for relocation of its Facilities by any person or entity other than the City, where the facilities to be
constructed by said person or entity are not or will not become City-owned, operated, or
maintained facilities, provided that such arrangements do not unduly delay a City construction
project.
Section 6.9. Whenever any person shall have obtained permission from the City to use
any Right-of-Way for the purpose of moving any building, Franchisee, upon thirty (30) days’
written notice from the City, shall raise, remove, or relocate to another part of the Right-of-Way,
at the expense of the person desiring to move the building, any of Franchisee’s Facilities that may
obstruct the removal of such building.
Section 6.10. The provisions of this Section 6. shall survive the expiration, revocation,
abandonment or termination of this Franchise during such time as Franchisee continues to have
Facilities in the Rights-of-Way.
Section 7. Undergrounding of Facilities.
Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not
be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges
and agrees that if the City does not require the undergrounding of its Facilities at the time of permit
application, the City may, at any time in the future, require the conversion of Franchisee’s aerial
facilities to underground installation at Franchisee’s expense; provided that the City requires all
other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such
facilities to underground installation at the same time. Unless otherwise permitted by the City,
Franchisee shall underground its Facilities in all new developments and subdivisi ons, and any
development or subdivision where all utilities, other than electrical utilities, are currently
underground.
Section 7.2. Whenever the City may require the undergrounding of the aerial utilities
(other than electrical utilities and personal wireless services facilities) in any area of the City,
Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently
with and in the area of the other affected utilities. The location of any such relocated and
underground utilities shall be approved by the City. Where other utilities are present and involved
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in the undergrounding project, Franchisee shall only be required to pay its fair share of common
costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding
of Franchisee’s own Facilities. “Common costs” shall in clude necessary costs not specifically
attributable to the undergrounding of any particular facility, such as costs for common trenching
and utility vaults. “Fair share” shall be determined for a project on the basis of the number and
size of Franchisee’s Facilities being undergrounded in comparison to the total number and size of
all other utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless services
facilities, Franchisee shall adhere to the design standards for such personal wireless services
facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be
required by such design standards. For the purposes of clarity, this Section 7.3 does not require
undergrounding or interior placement of Facilities within the pole to the extent that the personal
wireless services facilities are located on utility poles that have pre-existing aerial wireline
facilities and provided such construction of Franchisee’s Facilities continue to comply with
Section 7.1 or Section 7.2.
Section 7.4. Franchisee shall not remove any underground cable or conduit that requires
trenching or other opening of the Rights-of-Way along the extension of cable to be removed,
except as provided in this Section 7.4. Franchisee may remove any underground cable and other
related facilities from the Right-of-Way that has been installed in such a manner that it can be
removed without trenching or other opening of the Right-of-Way along the extension of cable to
be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable
from the Rights-of-Way where reasonably necessary to replace, upgrade, or enhance its Facilities,
or pursuant to Section 6. When the City determines, in the City’s sole discretion, that Franchisee’s
underground Facilities must be removed in order to eliminate or prevent a hazardous condition,
Franchisee shall remove the cable or conduit at Franchisee’s sole cost and expense. Franchisee
must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground
cable, conduit and other related facilities from the Right-of-Way and must provide as-built plans
and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open
utility trenches, provided that such access does not interfere with the other party’s placement of
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utilities or increase such party’s actual costs. Franchisee shall pay to the City the actual cost to the
City resulting from providing Franchisee access to an open trench, including without limitation
the pro rata share of the costs to access the open trench and any costs associated with the delay of
the completion of a public works project. The City shall pay to the Franchisee the incremental
costs of providing such access to the open trench.
Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation,
abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as
requiring the City to pay any costs of undergrounding any of the Franchisee’s Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee’s Facilities
located in or under any street endangers the property, life, health or safety of any person, or if
Franchisee’s construction area is otherwise in such a condition as to immediately endanger the
property, life, health or safety of any individual, Franchisee shall immediately take the proper
emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of individuals without first applying for and obtaining
a permit as required by this Franchise. However, this shall not relieve Franchisee from the
requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all
such permits not later than the next succeeding day during which the Tukwila City Hall is open
for business. The City retains the right and privilege to cut or move any Facilities located within
the Rights-of-Way of the City, in response to any immediate public health or safety emergency.
Section 8.2. The City shall not be liable for any damage to or loss of Facilities within
the Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf
of the City, except to the extent directly and proximately caused by sole negligence, intentional
misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall
further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City’s actions under this Section
8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions
of the City, its employees, contractors, or agents.
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Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a
condition that appears to substantially impair the lateral support of the adjoining street or public
place, or endangers the public, an adjoining public place, street utilities or City property, the Public
Works Director may direct Franchisee, at Franchisee’s own expense, to take reasonable action to
protect the public, adjacent public places, City property or street utilities, and such action may
include compliance within a prescribed time. In the event that Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with such directions, or if
emergency conditions exist which require immediate action, before the City can timely contact
Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property
and take such reasonable actions as are necessary to protect the public, the adjacent streets, or
street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as
necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof.
Section 9. Work in the Rights-of-Way.
Section 9.1. During any period of relocation, construction or maintenance, all work
performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike
manner, so to minimize interference with the free passage of traffic and the free use of adjoining
property, whether public or private. Franchisee shall at all times post and maintain proper
barricades, flags, flaggers, lights, flares and other measures as required for the safety of all
members of the general public and comply with all applicable safety regulations during such period
of construction as required by the ordinances of the City or the laws of the State of Washington,
including RCW 39.04.180 for the construction of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights-of-Way for the
purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or
equipment, it shall apply to the City for a permit to do so and, in addition, shall g ive the City at
least ten (10) working days prior notice (except in the case of an emergency) of its intent to
commence work in the Rights-of-Way. The City shall only issue permits that are in compliance
with the TMC and the City’s generally applicable design standards. During the progress of the
work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights-of-
Way, and all work by the Franchisee in the area shall be performed in accordance with applicable
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City standards and specifications. In no case shall any work commence within any Rights-of-Way
without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any area
covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other,
upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED
THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee causing the
excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7)
days’ prior notice of intended construction to residents in the affected area prior to any
underground construction or disturbance. Such notice shall contain the dates, contact number,
nature and location of the work to be performed. At least twenty-four (24) hours prior to entering
private property or streets or public easements adjacent to or on such private property, Franchisee
shall physically post a notice on the property indicating the nature and location of the work to be
performed. Door hangers are permissible methods of notifications to residents. Franchisee shall
make a good faith effort to comply with the property owner/resident’s preferences, if any, on
location or placement of underground installations (excluding aerial cable lines utilizing existing
poles and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as possible to its
condition prior to construction, except for any change in condition not caused by Franchisee. Any
disturbance of landscaping, fencing, or other improvements on private property caused by
Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to
the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing
herein shall give Franchisee the right to enter onto private property without the permission of such
private property owner, or as otherwise authorized by applicable law.
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Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may
trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places
of the City so as to prevent the branches of such trees from coming in contact with Franchisee’s
Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to
protect above ground Facilities. Franchisee’s tree trimming activities shall protect the appearance,
integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible
for all debris removal from such activities. All trimming shall be at the expense of Franchisee.
Franchisee may contract for such services, however, any firm or individual so retained must first
receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any
authority to act on behalf of the City, to enter upon any private property, or to trim any tree or
natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees
or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and
other public places of the City so as to prevent such vegetation from coming in contact with
Franchisee’s Facilities. Franchisee shall be solely responsible and liable for any damage to any
third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify,
defend and hold harmless the City from third-party claims of any nature arising out of any act or
negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or
removal. Franchisee shall reasonably compensate the City or the property owner for any damage
caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree
trimming must be performed under the direction of an arborist certified by the International Society
of Arboriculture, unless otherwise approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and users of
the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate
construction in the Rights-of-Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days’ advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights-of-Way
and provide the City with an opportunity to request that Franchisee provide the City with additional
duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070.
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Section 9.8. Prior to doing any work in the Rights-of-Way, the Franchisee shall follow
established procedures, including contacting the Utility Notification Center in Washington and
comply with all applicable State statutes regarding the One Call Locator Service pursuant to
Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate
its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable
for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers
that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time
limits and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation,
abandonment, or termination of this Franchise.
Section 10. Restoration.
Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or
repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove
any obstructions from the Rights-of-Way and restore the surface of the Rights-of-Way to at least
the same condition the Rights-of-Way were in immediately prior to any such installation,
construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for
any changes to the Rights-of-Way not caused by Franchisee. The Public Works Director or
designee shall have final approval of the condition of such Rights-of-Way after restoration. All
concrete encased survey monuments that have been disturbed or displaced by such work shall be
restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area at its sole
cost and expense and according to the time and terms specified in the construction permit i ssued
by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance
with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required under
Section 10. impracticable, Franchisee shall temporarily restore the affected Right -of-Way or
property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee
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shall promptly undertake and complete the required permanent restoration when conditions no
longer make such permanent restoration impracticable.
Section 10.4. In the event Franchisee does not repair a Right-of-Way or an improvement
in or to a Right-of-Way within the time reasonably directed to by the Public Works Director, or
his/her designee, the City may repair the damage and shall be reimbursed its actual cos t within
sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section
14.3 and Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may
bill Franchisee for expenses associated with the inspection of such restoration work. The failure
by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject
to remedies by the City including the imposition of damages consistent with Section 24. .
Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation,
abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee 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 lines, equipment, and
connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at
all times be kept and maintained in a safe condition. Franchisee 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. By way of illustration and not limitation, Franchisee
shall also comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA)
Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the
Facilities to evaluate if they are constructed and maintained in a safe condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and
becomes known to the City, the City agrees to give Franchisee written notice of such condition
and afford Franchisee a reasonable opportunity to repair the same. If Franchisee 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
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made. All costs, including administrative costs, incurred by the City in repairing any unsafe
conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 14.3 and
Section 14.4.
Section 11.3. Additional safety standards include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities in an
orderly manner, including, but not limited to, the removal of all bundles of unused cable
on any aerial facilities.
(b) All installations of equipment, lines, and ancillary facilities shall be installed in
accordance with industry-standard engineering practices and shall comply with all federal,
State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights-of-Way or other public places made by
Franchisee in the course of its operations shall be protected by Franchisee 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.
Section 11.4. Stop Work Order. 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:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions, consistent with the applicable laws, regulations, ordinances or
generally applicable standards under which work may be resumed.
Section 12. Work of Contractors and Subcontractors.
Section 12.1. Franchisee’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 are subject to the same restrictions, limitations, and conditions as
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if the work were performed by Franchisee. Franchisee 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 Franchisee and shall ensure that all such work is performed in compliance with this
Franchise and applicable law.
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of
substantial completion of any construction project involving a Public Right-of-Way, provide to the
City, at no cost to the City, accurate copies of as-built plans and maps stamped and signed by a
professional land surveyor or engineer in a form and content acceptable to the Public Works
Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works Director,
the Franchisee shall furnish the City with information sufficient to demonstrate: (1) that the
Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes,
including but not limited to sales, utility and/or telecommunications taxes (if applicable), due the
City in connection with the Franchisee’s services and Facilities provided by the Franchisee have
been properly collected and paid by the Franchisee.
Section 13.3. Books, records, maps, and other documents maintained by Franchisee with
respect to its Facilities within the Rights-of-Way and which are reasonably necessary to
demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from
the City, be made available for inspection by the City at reasonable times and intervals but no more
than one time each calendar year or upon the City’s reasonable belief that there has been a violation
of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be
construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall
this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature. Unless
otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be
construed as permission to withhold relevant customer data from the City that the City requests in
conjunction with a tax audit or review; provided, however, Franchisee may redact identifying
information such as names, street addresses (excluding City and zip code), Social Security
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Numbers, or Employer Identification Numbers related to any confidentiality agreements
Franchisee has with third parties.
Section 13.4. Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
such information to comply with a utility tax audit, or in the event the City is permitted to charge
franchise fees as further described in Section 15.1, or as otherwise required in this Franchise.
Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential,
trade secret, or proprietary, and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or federal law. In the
event that the City receives a public records request under Chapter 42.56 RCW or similar law for
the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary,
the City shall promptly provide written notice of such request for disclosure so that Franchisee
may take appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City
from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the
release of public records, and the City shall not be liable to Franchisee for compliance with any
law or court order requiring the release of public records. The City shall comply with any
injunction or court order obtained by Franchisee that prohibits the disclosure of any such
confidential records; however, in the event a higher court overturns such injunction or court order
and such higher court action is or has become final and non-appealable, Franchisee shall reimburse
the City for any fines or penalties imposed for failure to disclose such records as required hereunder
within sixty (60) days of a request from the City.
Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall
have the right to conduct an independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise and the collection of utility taxes, in accordance
with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or
more, Franchisee shall pay the total cost of the audit.
Section 14. Costs and Fees.
Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses
incurred by the City that are directly related to the receiving and approving this Franchise pursuant
to RCW 35.21.860, including the costs associated with the City’s legal costs incurred in drafting
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and processing this Franchise, not to exceed $5,000. No construction permits shall be issued for
the installation of Facilities authorized until such time as the City has received payment of this fee;
further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of
receipt of the invoice. Franchisee shall further be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under the laws of the City.
Where the City incurs costs and expenses for review, inspection, or supervision of activities,
including but not limited to reasonable fees associated with attorneys, consultants, City Staff and
City Attorney time, undertaken through the authority granted in this Franchise or any ordinances
relating to the subject for which a permit fee is not established, Franchisee shall pay such costs
and expenses directly to the City in accordance with the provisions of Section 14.3.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in
accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the
extent said emergency does not arise out of the sole negligence, willful misconduct, or fault of the
City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty
(60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City
in planning, constructing, installing, repairing, altering, or maintaining any City facility as the
result of the presence of Franchisee’s Facilities in the Right -of-Way. Such costs and expenses
shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to
oversee or engage in any work in the Right-of-Way as the result of the presence of Franchisee’s
Facilities in the Right-of-Way. Such costs and expenses shall also include Franchisee’s
proportionate share of any time spent reviewing construction plans in order to either accomplish
the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to
interfere with Franchisee’s Facilities.
Section 14.4. The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
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reimbursement. A charge for the actual costs incurred in preparing the billing may also be included
in said billing. Billing will be made on a monthly basis.
Section 15. City’s Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized under this
Franchise are those of a service provider as defined in RCW 35.99.010. As a result, the City will
not impose a Franchise fee under the terms of this Franchise, other than as described herein. The
City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee’s operations
as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no
longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either
instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for
its change in use. Nothing contained herein shall preclude Franchisee from challenging any such
new fee or separate agreement under applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that if its operation with the City constitutes a
telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50,
then Franchisee shall comply therewith. Franchisee stipulates and agrees that if certain of its
business activities are subject to taxation as a telephone business, then Franchisee shall pay to the
City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state
and federal law. The parties agree however, that nothing in this Franchise shall limit the City's
power of taxation as may exist now or as later imposed by the City. This provision does not limit
the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this
Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully
assessed on Franchisee’s Services.
Section 16. Police Powers and City Ordinances.
Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City’s
ability to adopt and enforce all necessary and appropriate ordinances regulating the performance
of the conditions of the Franchise granted by this Franchise Ordinance, including, b ut not limited
to, any valid ordinance made in the exercise of the City’s police powers in the interest of public
safety and for the welfare of the public. The City shall have the authority at all times to control by
appropriate regulations, including design standards and utility accommodation policies, the
location, elevation, manner of construction, and maintenance of any Franchisee Facilities located
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within any Public Right-of-Way or affecting any Public Right-of-Way, and the Franchisee shall
promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law. In the event of a conflict between the regulatory provisions of
this Franchise Ordinance and any other ordinance(s) enacted under the City’s police power
authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth
herein.
Section 17. Limitation of City’s Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on the part
of the City, its elected and appointed officials, officers, employees, and agents for any injury or
damage from the failure of the Franchisee to comply with the provisions of this Franchise
Ordinance; by reason of any plan, schedule or specification review, inspectio n, notice and order,
permission, or other approval or consent by the City; for any action or inaction thereof authorized
or done in connection with the implementation or enforcement of the Franchise by the City; or for
the accuracy of plans submitted to the City.
Section 18. Compliance with All Applicable Laws.
Section 18.1. Each party agrees to comply with all present and future federal, state and
local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights
they may have under any such laws, rules or regulations. This Franchise is subject to ordinances
of general applicability enacted pursuant to the City’s police powers. Franchisee further agrees to
remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its
own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably
suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything
of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration,
heat, noise or any interference with City services. City reserves the right at any time to amend this
Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a
City ordinance enacted pursuant to such federal or state statute or regulation when such statute,
regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance
with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of
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its action setting forth the full text of the amendment and identifying the statute, regulation, or
ordinance requiring the amendment. Said amendment shall become automatically effective upon
expiration of the notice period unless, before expiration of that period, Franchisee makes a written
request for negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either party may
pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify,
defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and
appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability
to any person, for injury or death of any person, or damage to property caused by or arising out of
any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance
of this Franchise and any rights granted within this Franchise.
Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction shall not be grounds for avoidance by Franchisee of any
of its obligations under this Section 19. . These indemnification obligations shall extend to claims
that are not reduced to a suit and any claims that may be compromised, with Franchisee’s prior
written consent, prior to the culmination of any litigation or the institution of any litigation.
Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request
in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City
subject to this Section 19.3. City’s failure to so notify and request indemnification shall not relieve
Franchisee of any liability that Franchisee might have, except to the extent that such failure
prejudices Franchisee’s ability to defend such claim or suit. In the event that Fran chisee refuses
the tender of defense in any suit or any claim, as required pursuant to the indemnification
provisions within this Franchise, and said refusal is subsequently determined by a court having
jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a
wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City’s reasonable costs
for defense of the action, including all expert witness fees, costs, and attorney’s fees, and including
costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict of interest
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between the City and the counsel selected by Franchisee to represent the City, then upon the prior
written approval and consent of Franchisee, which shall not be unreasonably withheld, the City
shall have the right to employ separate counsel in any action or proceeding and to participate in
the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses
of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses
of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or
interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses
shall include all reasonable out-of-pocket expenses, such as consultants and expert witness fees,
and shall also include the reasonable fees of any services rendered by the counsel retained by the
City but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of
services provided the City by Franchisee. Each party agrees to cooperate and to cause its
employees and agents to cooperate with the other party in the defense of any such claim and the
relevant records of each party shall be available to the other party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to RCW
4.24.115. Accordingly, 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 Franchisee and
the City, its officers, officials, employees, and volunteers, Franchisee’s liability shall be only to
the extent of Franchisee’s negligence. It is further specifically and expressly understood that the
indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee
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, 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, intentional misconduct or criminal actions on the
part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. In no event shall the City be liable for any indirect, incidental, special, consequential,
exemplary, or punitive damages, including by way of example and not limitation lost profits, lost
revenue, loss of goodwill, or loss of business opportunity in connection with its performance or
failure to perform under this Franchise. Franchisee releases and waives any and all such claims
against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
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contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against
any claims for damages, including, but not limited to, business interruption damages, lost profits
and consequential damages, brought by or under users of Franchisee’s Facilities as the result of
any interruption of service due to damage or destruction of Franchisee’s Facilities caused by or
arising out of activities conducted by the City, its officers, agents, employees or contractors except
to the extent any such damage or destruction is caused by or arises from the sole negligence, or
intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation,
termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and
as long as Franchisee 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. Franchisee’s maintenance of insurance as required by the
Franchise shall not be construed to limit the liability of Franchisee 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. Franchisee shall obtain insurance of the
types and coverage described below:
(i) 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 Franchisee’s Commercial General Liability insurance
policy with respect 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.
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(ii) 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.
(iii) Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution conditions that arise from the
operations of Franchisee. 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. Franchisee shall have the right to self-insure this insurance
coverage.
(iv) Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(v) Excess or Umbrella Liability insurance shall be excess over and at
least as broad in coverage as Franchisee’s Commercial General Liability and Automobile
Liability insurance. The City shall be named as an additional insured on the Contractor’s Excess
or Umbrella Liability insurance policy with respect to this Franchise.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the following
insurance limits:
(i) Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $5,000,000 per accident.
(iii) Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000.
(iv) Excess or Umbrella Liability insurance shall be written with limits
of not less than $10,000,000 per occurrence and annual aggregate. The Excess or Umbrella
Liability requirement and limits may be satisfied instead through Franchisee’s Commercial
General Liability and Automobile Liability insurance, or any combination thereof that achieves
the overall required limits.
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(d) Other Insurance Provisions. Franchisee’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 the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the
City shall be excess of Franchisee’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.
(f) Verification of Coverage. Franchisee shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance requirements of the Franchise. Upon
request by the City, Franchisee shall furnish certificates of insurance evidencing all required
insurance policies, including endorsements, required in this Franchise and evidence of all
subcontractors’ coverage.
(g) Subcontractors. Franchisee shall cause each and every Subcontractor to
provide insurance coverage that complies with all applicable requirements of Franchisee-provided
insurance as set forth herein, except Franchisee shall have sole responsibility for determining the
limits of coverage required to be obtained by Subcontractors. Franchisee shall ensure that the City
is an additional insured with respect to this Franchise on each and every Subcontractor’s
Commercial General liability insurance policy using an endorsement as least as broad as ISO CG
2026.
(h) Notice of Cancellation. Franchisee 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 Franchisee 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 Franchisee 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) Intentionally Omitted.
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(k) Franchisee – Self-Insurance. If Franchisee is self-insured or becomes self-
insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply
with the following: (i) provide the City, upon request, a copy of Franchisee’s or its parent
company’s most recent audited financial statements, if such financial statements are not otherwise
publicly available; (ii) Franchisee or its parent company is responsible for all payments within the
self-insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as
outlined in Section 19.
(l) Notwithstanding anything to the contrary contained in this Franchise,
Franchisee is hereby granted to the right to self-insure its pollution liability insurance and property
insurance obligations set forth in this Franchise.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities and if
required by the City, Franchisee shall furnish a performance bond (“Performance Bond”) written
by a corporate surety reasonably acceptable to the city in an amount equal to 150% of the
construction cost, which should not be less than $2,000. The amount of the Performance Bond
may be reduced during construction as determined by the City. The Performance Bond shall
guarantee the following: (1) timely completion of construction; (2) construction in compliance
with all applicable plans, permits, technical codes, and standards; (3) proper location of the
Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties
affected by the construction; (5) submission of as-built drawings after completion of construction;
and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or
services provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction, including final
inspection, corrections, and final approval of the work, recording of all easements, provision of as-
built drawings, and the posting of a Maintenance Bond as described in Section 21.2.
Section 21.2. Maintenance Bond. Following excavation, installation, construction,
restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two
(2) year maintenance bond (“Maintenance Bond”), or other surety acceptable to the City, at the
time of final acceptance of construction work on Facilities within the Rights -of-Way. The
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Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the
construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City’s
release of the bond required by Section 21.1.
Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount
of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise Bond”) running or renewable for the
term of this Franchise, in a form and substance reasonably acceptable to City. In the event
Franchisee shall fail to substantially comply with any one or more of the provisions of this
Franchise following notice and a reasonable opportunity to cure, but in no event less than fifteen
(15) days, then there shall be recovered jointly and severally from Franchisee and the bond any
actual damages suffered by City as a result thereof, including but not limited to staff time, material
and equipment costs, compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to
comply with the terms of this Section 20.1 shall constitute a material breach of this Franchise. The
amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 22. Abandonment of Franchisee’s Facilities.
Section 22.1. Upon the expiration, termination, or revocation of the rights granted under
this Franchise, Franchisee shall remove all of its Facilities from the Rights-of-Way within thirty
(30) days of receiving written notice from the Public Works Director or designee. The Facilities,
in whole or in part, may not be abandoned by Franchisee without written approval by the City.
Any plan for abandonment or removal of Franchisee’s Facilities must be first approved by the
Public Works Director or his/her designee, and all necessary permits must be obtained prior to
such work. Franchisee shall restore the Right-of-Way to at least the same condition the Rights-of-
Way were in immediately prior to any such removal provided Franchisee shall not be responsible
for any changes to the Right-of-Way not caused by Franchisee or any person doing work for
Franchisee. Franchisee shall be solely responsible for all costs associated with removing its
Facilities.
Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee’s
improvements to be abandoned in place in such a manner as the City may prescribe. Upon
permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the
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City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to
the City.
Section 22.3. Any Facilities which are not removed within one hundred twenty (120) days
of either the date of termination or revocation or the date the City issued a permit authorizing
removal, whichever is later, shall automatically become the property of the City. Any costs
incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed
by Franchisee. Nothing contained within this Section 22. shall prevent the City from compelling
Franchisee to remove any such Facilities through judicial action when the City has not permitted
Franchisee to abandon said Facilities in place.
Section 22.4. If Franchisee leases a structure in the Right-of-Way from a landlord and
such landlord later replaces, removes or relocates the structure, for example by building a
replacement structure, Franchisee shall remove or relocate its Facilities within the Right-of-Way
within ninety (90) days of such notification from the landlord at no cost to the City.
Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation,
abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in
Rights-of-Way.
Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions
of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with
any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee
shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this
Franchise may be revoked or annulled by the Council after a hearing held upon notice to
Franchisee.
Section 23.2. Such hearing shall be open to the public and Franchisee and other interested
parties may offer written and/or oral evidence explaining or mitigating such alleged
noncompliance. This hearing does not give the right to either the City or Franchisee to condu ct
discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the
Tukwila City Council, on the basis of the record, will make the determination as to whether there
is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions
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should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional
time period to cure violations. If the deficiency has not been cured at the expiration of any
additional time period or if the Tukwila City Council does not grant any additional period, the
Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or
impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may
be held in abeyance pending judicial review by a court of competent jurisdiction, provided
Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal rights and
remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to
comply with the provisions of the Franchise and to recover damages and costs incurred by the City
by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein, the
City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors
and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves
the right to pursue any remedy available at law or in equity to compel or require the City, its
officers, employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to
and cumulative with any and all other rights and remedies available to either the City or Franchisee.
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. Provided, further, that by entering into this Franchise, it is not the intention of the City
or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law
equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such
waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be
required to post a bond or other security and the parties agree not to seek the imposition of such a
requirement.
Section 24.2. If either party (the “Defaulting Party”) shall violate, or fail to comply with
any of the provisions of this Franchise, or should it fail to heed or comply with any notice given
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to such party under the provisions of this Franchise, the other party (the “Non -Defaulting Party”)
shall provide the Defaulting Party with written notice specifying with reasonable particularity the
nature of any such breach and the Defaulting Party shall undertake all commercially reasonable
efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably
determine the breach cannot be cured within thirty (30) days, the Non-Defaulting Party may
specify a longer cure period, and condition the extension of time on the Defaulting Party’s
submittal of a plan to cure the breach within the specified period, commencement of work within
the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Defaulting Party does not comply with the
specified conditions, the Non-Defaulting Party may pursue any available remedy at law or in
equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no
further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim
damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or Franchise
Bond set forth in Section 21.3.
Section 25. Non-Waiver.
Section 25.1. The failure of either party to insist upon strict performance of any of the
covenants and agreements of this Franchise or to exercise any option herein conferred in any one
or more instances, shall not be construed to be a waiver or relinquishment of any such covenants,
agreements or option or any other covenants, agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty (60) days of the approval of this Franchise Ordinance, the
Franchisee shall execute and return to the City its execution and acceptance of this Franchise in
the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance
obtained and additional insured endorsement pursuant to Section 20. , any applicable construction
Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3,
and the administrative fee pursuant to Section 14.1.
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Section 27. Survival.
Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section
7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3
and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities
Franchisee may have to the City at common law, by statute, or by contract, and shall survive the
City’s Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions
thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise
shall further be binding upon the heirs, successors, executors, administrators, legal representatives
and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee
shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or
otherwise, unless written notice is provided to the City within sixty (60) days following the
assignment. In the case of transfer or assignment as security by mortgage or other security
instrument in whole or in part to secure indebtedness, such notice shall not be required unless and
until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no
assignment or transfer of this Franchise shall be deemed to occur based on the public trading of
Franchisee’s stock; provided, however, any tender offer, merger, or similar transaction resulting
in a change of control shall be subject to the provisions of this Franchise.
Section 28.2. Any transactions which singularly or collectively result in a change of 50%
or more of the (i) ownership or working control (for example, management of Franchisee or its
Facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Facilities within
the City; or (iii) control of the capacity or bandwidth of the Franchisee's Facilities within the City,
shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise.
Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee
shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of
control of a Franchisee within sixty (60) days following the closing of the transaction.
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Section 29. Entire Agreement.
Section 29.1. 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 of this Franchise.
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated
or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month-to-month basis,
provided that Franchisee maintains insurance for such Facilities during such period and
continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee’s sole cost
and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchise shall not preclude the City from acquiring
by condemnation in accordance with applicable law, all or a portion of the Franchisee’s Facilities
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the area conferred by this Franchise.
Section 32. Vacation.
Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area
affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by
reason of such vacation. If Franchisee has Facilities in the vacated portio n of the Right-of-Way,
the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the
vacated portion of the Right-of-Way within which Franchisee may continue to operate existing
Facilities under the terms of this Franchise for the remaining period of the term set forth in Section
4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve
such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before
vacating all or any portion of any such area, in which Franchisee is located. The City may, after
sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
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Section 33. Hazardous Substances.
Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical
or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its
agents, contractors or any person under its control to do the same. Franchisee will be solely
responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration
of the property to the extent caused by Franchisee’s use, storage, or disposal of hazardous
substances, whether or not intentional, and the use, storage or disposal of such substances by
Franchisee’s agents, contractors or other persons acting under Franchisee’s control, whether or not
intentional, unless caused by or arising out of the sole negligence, intentional misconduct, or
criminal actions of the City, its officers, agents, employees, volunteers, elected and appointed
officials, or contractors.
Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the
expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise
Ordinance.
Section 34. Notice
Section 34.1. Any Notice or information required or permitted to be given to the parties
under this Franchise agreement may be sent to the following addresses unless otherwise specified:
CITY OF TUKWILA
Jen Tetatzin
6200 Southcenter Blvd
Tukwila, WA 98188
E:mail:
Jen.Tetatzin@TukwilaWA.gov
Eric.Compton@TukwilaWA.gov
FRANCHISEE
FORGED FIBER 37, LLC
Attn.: Legal Dept – Network Operations
Re: Franchise Agreement; City of Tukwila (WA)
208 S. Akard Street
Dallas, TX 75202-4206
E-mail:
FF_Right_Of_Way@att.COM
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Attachment A - Page 35 of 36
Section 34.2. The Franchisee’s current emergency contact number is 800-288-2020, and
shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the
City of any change in the notice address or emergency contact (or title) and phone number.
Section 35. Miscellaneous.
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a business or
utility license from the City. Franchisee shall pay promptly and before they become delinquent,
all taxes on personal property and improvements owned or placed by Franchisee and shall pay all
license fees and public utility charges relating to the conduct of its business, shall pay for all
permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation
of exemption is provided to the City and shall pay utility taxes and license fees imposed by the
City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in connection with any controversy
arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and
expenses, including such sum as the court may judge as reasonable for attorneys’ fees, costs,
expenses and attorneys’ fees upon appeal of any judgment or ruling.
Section 35.4. This Franchise shall be construed in accordance with the laws of the State
of Washington. Venue for any dispute related to this Franchise shall be the United States District
Court for the Western District of Washington, or King County Superior Court.
Section 35.5. Section captions and headings are intended solely to facilitate the reading
thereof. Such captions and headings shall not affect the meaning or interpretation of the text
herein.
Section 35.6. Where the context so requires, the singular shall include the plural and the
plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals,
authorizations and agreements from any party or entity and it is acknowledged and agreed that the
City is making no representation, warranty or covenant whether any of the foregoing approvals,
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Attachment A - Page 36 of 36
authorizations or agreements are required or have been obtained by Franchisee by any person or
entity.
Section 35.8. This Franchise may be enforced at both law and equity.
Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for
the premises and equipment’s compliance with all marking and lighting requirements of the FAA
and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other
liabilities caused by Franchisee’s failure to comply with such requirements. Should Franchisee or
the City be cited by either the FCC or the FAA because the Facilities or the Franchisee’s equipment
is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may either terminate this Franchise immediately
on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee’s
expense.
Section 35.10. This Franchise is subject to all current and future applicable federal, State
and local laws, regulations and orders of governmental agencies as amended, including but not
limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as
amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any
rights they may have under any such laws, rules, or regulations.
Section 35.11. There are no third party beneficiaries to this Franchise.
[NO TERMS BEYOND THIS POINT]
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Attachment B - Page 1 of 1
Attachment B
STATEMENT OF ACCEPTANCE
Forged Fiber 37, LLC, a Delaware limited liability company, for itself, its affiliates, successors
and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions
of the Franchise attached hereto and incorporated herein by this reference.
_______________________________________
By: ____________________________________ Date: ______________________________
Name: ____________________
Title: ____________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 2026, before me the undersigned, a Notary Public in and
for the State of _________________, duly commissioned and sworn, personally appeared,
__________________ of Forged Fiber 37, LLC, the company that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_____________________________________________
Signature
_____________________________________________
NOTARY PUBLIC in and for the State of __________________,
Residing at ________________________
MY COMMISSION EXPIRES: __________________________.
174
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item
Sponsor
Legislative History
Ordinance Granting a Non-Exclusive Franchise Agreement to
McLeodUSA Telecommunication Services, LLC
Eric Compton, Telecommunications Analyst
Technology & Innovation Services
June 22, 2026 Transportation & Infrastructure Services Committee
July 13, 2026 Committee of the Whole
July 20, 2025 Regular Meeting Consent Agenda
Recommended Motion ☐Discussion Only ☒Action Requested
MOVE TO approve an ordinance granting a non-exclusive franchise
agreement with McLeodUSA Telecommunication Services LLC.
EXECUTIVE SUMMARY
McLeodUSA Telecommunication is a business-oriented internet service provider wanting to connect Tukwila
businesses to high-speed fiber for internet. Council is being asked to approve the new ordinance for the
franchise agreement that will allow McLeodUSA Telecommunication to operate their network in Tukwila and
provide competition for internet service providers.
DISCUSSION
State law provides cities the authority to establish franchises to telecommunication providers who wish
to occupy city owned rights-of-way. Tukwila Municipal Code 11.32.060 requires all telecommunication
providers to obtain franchise agreements with the City prior to approval to construct, maintain and
operate within the City limits.
McLeodUSA is a local subsidiary of Windstream that provides internet services in forty-seven States
and is looking to expand their network in Tukwila.
Under the terms of the Franchise, McLeodUSA Telecommunication is required to pay the City a
$6,100.00 administrative fee.
Council is being asked to approve the Ordinance granting McLeodUSA Telecommunication a
Franchise Agreement and consider this item at the July 13, 2026 Committee of the Whole and July 20,
2026 Regular Meeting.
Per the request of Transportation and Infrastructure Services Committee Meeting, staff worked
with legal and confirmed there is no conflict of interest between Mayor McLeod and
McLeodUSA Telecommunication Services LLC.
ATTACHMENTS
Final Franchise Ordinance: Telecom Franchise McLeodUSA Telecommunication
5.E.
175
2026 Legislation: McLeodUSA Franchise Page 1 of 2
Version: 09/042025
Staff: E. Compton
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING
TO MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC, AND ITS
AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE,
AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO
CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK, IN, ACROSS, OVER, ALONG,
UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS-
OF-WAY OF THE CITY OF TUKWILA, WASHINGTON; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, McLeodUSA Telecommunications Services, LLC (“Franchisee”) doing
business in the State of Washington as McLeodUSA Telecommunications Services, LLC,
has applied for a non-exclusive telecommunications franchise to construct, operate, and
maintain telecommunications and broadband facilities upon, in, under, across, along, and
over certain City roads; and
WHEREAS, the Parties desire to execute a new nonexclusive franchise (this
“Franchise”) for purposes of operating and maintaining a telecommunications network;
and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a
telecommunications franchise subject to certain terms and conditions, which are
acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. The City of Tukwila, hereby grants a
telecommunications franchise, attached and incorporated as Exhibit A, to McLeodUSA
Telecommunications Services, LLC. The term of this franchise shall be for five years,
commencing on the date the last party executes the franchise with a five (5) year
automatic renewal option as set out in Section 4.2 below.
DRAFT
176
2026 Legislation: McLeodUSA Franchise Page 2 of 2
Version: 09/042025
Staff: E. Compton
Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1. shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to
this Ordinance shall not become effective until its terms and conditions are accepted by
McLeodUSA Telecommunications Services, LLC, pursuant to Section 14. of the
Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective
date of this Ordinance. Such instrument shall conform substantially to Attachment B, and
evidence the unconditional acceptance of the terms hereof and a promise to comply with
and abide by the provisions, terms and conditions hereof.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 5. Correction. The City Clerk are authorized to make necessary corrections
to this ordinance, including the correction of clerical errors; references to other local, state
or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 6. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of
the title.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON , at a
regular meeting thereof this ____ day of _______, 202 6.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
177
ATTACHMENT A
[See attached.]
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Attachment A - Page 1 of 36
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter (“the City”) and McLeodUSA
Telecommunications Services, LLC who is hereinafter known as (“McLeodUSA” or
“Franchisee”). The City and Franchisee are sometimes referred to hereinafter collectively as the
“parties.”
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to McLeodUSA a
non-exclusive franchise (the “Franchise”) under the terms and conditions contained in this
franchise ordinance (the “Franchise Ordinance”).
Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to
construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a
telecommunications and broadband network, in, under, on, across, over, through, along or below
the public Rights-of-Ways located in the City of Tukwila, as approved pursuant to City permits
issued pursuant to this Franchise and in accordance with all applicable federal, state, and local
codes.
(a) “Facilities” as used in this Franchise means one or more elements of Franchisee’s
telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals,
antennas, electronics, and other necessary appurtenances; provided that placement by
Franchisee of new utility poles is specifically excluded unless otherwise specifically
approved by the City. Equipment enclosures with air conditioning or other noise
generating equipment are also excluded from “Facilities,” to the extent such equipment is
located in zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes “microcell” facilities, “minor facilities,” “small cell facilities,” all as
defined by RCW 80.36.375, and “macrocell” facilities, including towers and new base
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stations and other similar facilities (except for fiber optic cables) used for the provision of
“personal wireless services” as defined by RCW 80.36.375.
(b) Public “Rights-of-Way” means land acquired or dedicated to the public or that is
hereafter dedicated to the public and maintained under public authority, including, but not
limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks,
utility easements and similar public property located within the franchise area but does not
include: State highways; land dedicated for road, streets, highways not opened and not
improved for motor vehicle use by the public; structures including poles and conduits
located within the right-of-way; federally granted trust lands or forest board trust lands;
lands owned or managed by the State Parks and Recreation Commission; federally granted
railroad rights-of-way acquired under 43 USC § 912 and related provisions of federal law
that are not open for vehicular use; or leasehold or City-owned property to which the City
holds fee title or other title and which is utilized for park, utility or a governmental or
proprietary use (for example, buildings, other City-owned physical facilities, parks, poles,
conduits, fixtures, real property or property rights owned or leased by the City not reserved
for transportation purposes).
Section 2. Authority Limited to Occupation of the Public Rights-of-Way
Section 2.1. The authority granted pursuant to this Franchise is a limited authorization
to occupy and use the Rights-of-Way throughout the City (the “Franchise Area”). No right to
install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property
other than a Right-of-Way, or upon private property without the owner’s consent, or upon any
public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents
that it expects to provide the following services within the City: high speed data and fiber optic
services, broadband services, internet protocol-based services, internet access services, conduit
and dark fiber leasing, telephone, data transport and other telecommunications and information
services (the “Services”). Nothing contained herein shall be construed to grant or convey any right,
title, or interest in the Rights-of-Way of the City to the Franchisee other than for the purpose of
providing the Services, nor to subordinate the primary use of the Right-of-Way as a public
thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) or
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personal wireless services, without obtaining a new franchise or an amendment to this Franchise
approved by the City Council.
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of any one or
more Franchise Facilities will be subject to all applicable provisions of Title 1 1 TMC, including,
but not limited to, the City’s Infrastructure, Design, and Construction Standards, adopted by the
City’s Public Works Department of Public Works, the terms and conditions of City right-of-way
use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits
issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations.
Section 2.3. Franchisee shall have the right, without prior City approval, to offer or
provide capacity or bandwidth to its customers consistent with this Franchise, provided:
(a) Franchisee at all times retains exclusive ownership over its telecommunications
system, Facilities and Services and remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater than any
rights Franchisee has pursuant to this Franchise, provided that leases or other commercial
arrangements for the use of the Facilities installed pursuant to this Franchise may extend
beyond the term of the Franchise;
(c) Such customer or lessee shall not be construed to be a third-party beneficiary under
this Franchise; and
(d) No such customer or lessee may use the telecommunications system or Services for
any purpose not authorized by this Franchise, unless such rights are otherwise granted by
the City.
Section 3. Non-Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express condition and
understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or
hinder the City from granting to other parties, at other times and under such terms and conditions
as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in,
on, to, across, over, upon, along, under or through any Public Rights-of-Way. Additionally, this
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Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public
Rights-of-Way or other public properties covered or affected by this Franchise, nor shall this
Franchise affect the City’s jurisdiction, authority or power over any of them, in whole or in part.
The City expressly retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the roads,
Public Rights-of-Way or other public properties covered or affected by the Franchise as the City
may, in its sole and absolute discretion, deem fit, including the dedication, establishment,
maintenance and/or improvement of new Public Rights-of-Way, thoroughfares and other public
properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the
“Initial Term”), beginning on the Effective Date of the Franchise, and continuing until the date
that is one day prior to the fifth anniversary of the Effective Date (the “Initial Term Expiration
Date”), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise.
Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically
renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth
in this Franchise, for one (1) additional five (5) year (the “Renewal Term,” and, together with the
Initial Term, the “Term”), unless either party provides one hundred twenty (120) days written
notice to the other party to request an amendment to the Franchise.
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Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a broadband and telecommunications network,
consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the
Franchise Area consistent with the City’s Infrastructure, Design and Construction standards and
the Tukwila Municipal Code and subject to the City’s applicable permit requirements. Franchisee
shall not commence any construction or other similar work within a Public Right-of-Way until
(i) a right-of-way use permit authorizing such work has been issued by the City pursuant to Title
11 TMC for a site-specific location or installation, including, but not limited to, relocations, and
(ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the
City.
Section 5.2. To the extent that any Rights-of-Way within the Franchise Area are part of
the state highway system (“State Highways”), are considered managed access by the City and are
governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department
of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in
addition to local ordinances and other applicable regulations. Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be restored,
repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will
promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove
from any Public Right-of-Way any portion of the Franchisee Facilities when so required by the
City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications
of new rights-of-way and the establishment and/or improvement thereof, (iv) widening and/or
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improvement of existing rights-of-way, (v) right-of-way vacations, (vi) freeway construction,
(vii) change or establishment of road grade, or (viii) the construction of any public improvement
or structure by any governmental agency acting in a governmental capacity; PROVIDED that the
Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of
the same Public Right-of-Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this Section 6.
apply to all Franchisee Facilities wheresoever situated within any Public Right-of-Way, regardless
of whether the Franchisee Facility at issue was originally placed in such location under the
authority of an easement or other property interest prior to the property becoming a Public Right-
of-Way. For the avoidance of doubt, such projects shall include any Right-of-Way improvement
project, even if the project entails, in part, related work funded and/or performed by or for a third
party, provided that such work is performed for the public benefit, and not primarily for the benefit
of a private entity, and shall not include, without limitation, any other improvements or repairs
undertaken by or for the sole benefit of third party private entities. Collectively all such projects
described in this Section 6.1 shall be considered a “Public Project”. Except as otherwise provided
by law, the costs and expenses associated with relocations or disconnections ordered pursuant to
this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit
Franchisee’s ability to seek reimbursement for relocation costs when permitted by RCW
35.99.060.
Section 6.2. Upon the written request of the City and in order to facilitate the design of
City improvements to Public Rights-of-Way, Franchisee agrees, at its sole cost and expense, to
locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost
and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities
may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be
required to excavate and expose the Franchisee Facilities for inspection unless Franchisee’s record
drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise
are reasonably determined by the Public Works Director to be inadequate for the City’s planning
purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate
Public Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs in
performing any maintenance, operation, or improvement of or to public facilities due to measures
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taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee
Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly
upon receiving the City’s invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person or entity
(including, without limitation, any condition or requirement imposed pursuant to any contract or
in conjunction with approvals for permits for zoning, land use, construction or development) which
reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required
relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the relocation of
Franchisee’s Facilities, the City shall provide Franchisee in writing with a date by which the
relocation shall be completed (the “Relocation Date”) consistent with RCW 35.99.060(2). In
calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of
facilities to be relocated, the services requirements, and the construction sequence for the
relocation, within the City’s overall project construction sequence and constraints, to safely
complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days’
notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation
Date, unless the City or a reviewing court establishes a later date for completion, as described in
RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project. After
receipt of the written notice containing the Relocation Date, Franchisee shall relocate such
facilities to accommodate the Public Project consistent with the timeline provided by the City and
at no charge or expense to the City. Such timeline may be extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed above
and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the
work to Franchisee, including all costs and expenses incurred by the City due to Franchisee’s
delay. In such event, the City shall not be liable for any damage to any portion of Franchisee’s
Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay
the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect
Franchisee’s facilities and equipment, and that delay results in any delay damage accrued by or
against the City, Franchisee will be liable for all documented costs of construction delays
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attributable to Franchisee’s failure to timely act. Franchisee reserves the right to challenge any
determination by the City of costs for construction delays related to an alleged failure to act in
accordance with this Section 6.5.
Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of
defending the City, in accordance with the provisions of Section 19. against any and all claims,
suits, actions, damages, or liabilities for delays on City construction projects caused by or arising
out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided,
that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond
the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City
or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or
in the event of an emergency beyond the control of the City which will result in severe financial
consequences to the City, which necessitates the relocation of Franchisee’s Facilities, Franchisee
shall relocate its Facilities within the time period specified by the City.
Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict
Franchisee from making any arrangements it may deem appropriate when responding to a request
for relocation of its Facilities by any person or entity other than the City, where the facilities to be
constructed by said person or entity are not or will not become City-owned, operated, or
maintained facilities, provided that such arrangements do not unduly delay a City construction
project.
Section 6.9. Whenever any person shall have obtained permission from the City to use
any Right-of-Way for the purpose of moving any building, Franchisee, upon thirty (30) days’
written notice from the City, shall raise, remove, or relocate to another part of the Right-of-Way,
at the expense of the person desiring to move the building, any of Franchisee’s Facilities that may
obstruct the removal of such building.
Section 6.10. The provisions of this Section 6. shall survive the expiration, revocation,
abandonment or termination of this Franchise during such time as Franchisee continues to have
Facilities in the Rights-of-Way.
Section 7. Undergrounding of Facilities.
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Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not
be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges
and agrees that if the City does not require the undergrounding of its Facilities at the time of permit
application, the City may, at any time in the future, require the conversion of Franchisee’s aerial
facilities to underground installation at Franchisee’s expense; provided that the City requires all
other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such
facilities to underground installation at the same time. Unless otherwise permitted by the City,
Franchisee shall underground its Facilities in all new developments and subdivisi ons, and any
development or subdivision where all utilities, other than electrical utilities, are currently
underground.
Section 7.2. Whenever the City may require the undergrounding of the aerial utilities
(other than electrical utilities and personal wireless services facilities) in any area of the City,
Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently
with and in the area of the other affected utilities. The location of any such relocated and
underground utilities shall be approved by the City. Where other utilities are present and involved
in the undergrounding project, Franchisee shall only be required to pay its fair share of common
costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding
of Franchisee’s own Facilities. “Common costs” shall include necessary costs not specifically
attributable to the undergrounding of any particular facility, such as costs for common trenching
and utility vaults. “Fair share” shall be determined for a project on the basis of the number and
size of Franchisee’s Facilities being undergrounded in comparison to the total number and size of
all other utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless services
facilities, Franchisee shall adhere to the design standards for such personal wireless services
facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be
required by such design standards. For the purposes of clarity, this Section 7.3 does not require
undergrounding or interior placement of Facilities within the pole to the extent that the personal
wireless services facilities are located on utility poles that have pre-existing aerial wireline
facilities and provided such construction of Franchisee’s Facilities continue to comply with
Section 7.1 or Section 7.2.
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Section 7.4. Franchisee shall not remove any underground cable or conduit that requires
trenching or other opening of the Rights-of-Way along the extension of cable to be removed,
except as provided in this Section 7.4. Franchisee may remove any underground cable and other
related facilities from the Right-of-Way that has been installed in such a manner that it can be
removed without trenching or other opening of the Right-of-Way along the extension of cable to
be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable
from the Rights-of-Way where reasonably necessary to replace, upgrade, or enhance its Facilities,
or pursuant to Section 6. When the City determines, in the City’s sole discretion, that Franchisee’s
underground Facilities must be removed in order to eliminate or prevent a hazardous condition,
Franchisee shall remove the cable or conduit at Franchisee’s sole cost and expense. Franchisee
must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground
cable, conduit and other related facilities from the Right-of-Way and must provide as-built plans
and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open
utility trenches, provided that such access does not interfere with the other party’s placement of
utilities or increase such party’s actual costs. Franchisee shall pay to the City the actual cost to the
City resulting from providing Franchisee access to an open trench, including without limitation
the pro rata share of the costs to access the open trench and any costs associated with the delay of
the completion of a public works project. The City shall pay to the Franchisee the incremental
costs of providing such access to the open trench.
Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation,
abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as
requiring the City to pay any costs of undergrounding any of the Franchisee’s Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee’s Facilities
located in or under any street endangers the property, life, health or safety of any person, or if
Franchisee’s construction area is otherwise in such a condition as to immediately endanger the
property, life, health or safety of any individual, Franchisee shall immediately take the proper
emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of individuals without first applying for and obtaining
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a permit as required by this Franchise. However, this shall not relieve Franchisee from the
requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all
such permits not later than the next succeeding day during which the Tukwila City Hall is open
for business. The City retains the right and privilege to cut or move any Facilities located within
the Rights-of-Way of the City, in response to any public health or safety emergency.
Section 8.2. The City shall not be liable for any damage to or loss of Facilities within
the Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf
of the City, except to the extent directly and proximately caused by sole negligence, intentional
misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall
further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City’s actions under this Section
8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions
of the City, its employees, contractors, or agents.
Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a
condition that appears to substantially impair the lateral support of the adjoining street or public
place, or endangers the public, an adjoining public place, street utilities or City property, the Public
Works Director may direct Franchisee, at Franchisee’s own expense, to take reasonable action to
protect the public, adjacent public places, City property or street utilities, and such action may
include compliance within a prescribed time. In the event that Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with such directions, or if
emergency conditions exist which require immediate action, before the City can timely contact
Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property
and take such reasonable actions as are necessary to protect the public, the adjacent streets, or
street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as
necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof.
Section 9. Work in the Rights-of-Way.
Section 9.1. During any period of relocation, construction or maintenance, all work
performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike
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manner, so to minimize interference with the free passage of traffic and the free use of adjoining
property, whether public or private. Franchisee shall at all times post and maintain proper
barricades, flags, flaggers, lights, flares and other measures as required for the safety of all
members of the general public and comply with all applicable safety regulations during such period
of construction as required by the ordinances of the City or the laws of the State of Washington,
including RCW 39.04.180 for the construction of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights-of-Way for the
purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or
equipment, it shall apply to the City for a permit to do so and, in addition, shall g ive the City at
least ten (10) working days prior notice (except in the case of an emergency) of its intent to
commence work in the Rights-of-Way. The City shall only issue permits that are in compliance
with the TMC and the City’s generally applicable design standards. During the progress of the
work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights-of-
Way, and all work by the Franchisee in the area shall be performed in accordance with applicable
City standards and specifications. In no case shall any work commence within any Rights-of-Way
without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any area
covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other,
upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED
THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee causing the
excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7)
days’ prior notice of intended construction to residents in the affected area prior to any
underground construction or disturbance. Such notice shall contain the dates, contact number,
nature and location of the work to be performed. At least twenty-four (24) hours prior to entering
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private property or streets or public easements adjacent to or on such private property, Franchisee
shall physically post a notice on the property indicating the nature and location of the work to be
performed. Door hangers are permissible methods of notifications to residents. Franchisee shall
make a good faith effort to comply with the property owner/resident’s preferences, if any, on
location or placement of underground installations (excluding aerial cable lines utilizing existing
poles and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as possible to its
condition prior to construction, except for any change in condition not caused by Franchisee. Any
disturbance of landscaping, fencing, or other improvements on private property caused by
Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to
the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing
herein shall give Franchisee the right to enter onto private property without the permission of such
private property owner, or as otherwise authorized by applicable law.
Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may
trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places
of the City so as to prevent the branches of such trees from coming in contact with Franchisee’s
Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to
protect above ground Facilities. Franchisee’s tree trimming activities shall protect the appearance,
integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible
for all debris removal from such activities. All trimming shall be at the expense of Franchisee.
Franchisee may contract for such services, however, any firm or individual so retained must first
receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any
authority to act on behalf of the City, to enter upon any private property, or to trim any tree or
natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees
or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and
other public places of the City so as to prevent such vegetation from coming in contact with
Franchisee’s Facilities. Franchisee shall be solely responsible and liable for any damage to any
third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify,
defend and hold harmless the City from third-party claims of any nature arising out of any act or
negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or
removal. Franchisee shall reasonably compensate the City or the property owner for any damage
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caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree
trimming must be performed under the direction of an arborist certified by the International Society
of Arboriculture, unless otherwise approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and users of
the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate
construction in the Rights-of-Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days’ advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights-of-Way
and provide the City with an opportunity to request that Franchisee provide the City with additional
duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070.
Section 9.8. Prior to doing any work in the Rights-of-Way, the Franchisee shall follow
established procedures, including contacting the Utility Notification Center in Washington and
comply with all applicable State statutes regarding the One Call Locator Service pursuant to
Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate
its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable
for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers
that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time
limits and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation,
abandonment, or termination of this Franchise.
Section 10. Restoration.
Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or
repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove
any obstructions from the Rights-of-Way and restore the surface of the Rights-of-Way to at least
the same condition the Rights-of-Way were in immediately prior to any such installation,
construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for
any changes to the Rights-of-Way not caused by Franchisee. The Public Works Director or
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designee shall have final approval of the condition of such Rights-of-Way after restoration. All
concrete encased survey monuments that have been disturbed or displaced by such work shall be
restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area at its sole
cost and expense and according to the time and terms specified in the construction permit i ssued
by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance
with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required under
Section 10. impracticable, Franchisee shall temporarily restore the affected Right -of-Way or
property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee
shall promptly undertake and complete the required permanent restoration when conditions no
longer make such permanent restoration impracticable.
Section 10.4. In the event Franchisee does not repair a Right-of-Way or an improvement
in or to a Right-of-Way within the time reasonably directed to by the Public Works Director, or
his/her designee, the City may repair the damage and shall be reimbursed its actual cos t within
sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section
14.3 and Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may
bill Franchisee for expenses associated with the inspection of such restoration work. The failure
by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject
to remedies by the City including the imposition of damages consistent with Section 24. .
Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation,
abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee 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 lines, equipment, and
connections in, over, under, and upon the Rights-of-Ways, wherever situated or located, shall at
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all times be kept and maintained in a safe condition. Franchisee 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. By way of illustration and not limitation, Franchisee
shall also comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA)
Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the
Facilities to evaluate if they are constructed and maintained in a safe condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and
becomes known to the City, the City agrees to give Franchisee written notice of such condition
and afford Franchisee a reasonable opportunity to repair the same. If Franchisee 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 Franchisee and reimbursed to the City pursuant to Section 14.3 and
Section 14.4.
Section 11.3. Additional safety standards include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities in an
orderly manner, including, but not limited to, the removal of all bundles of unused cable
on any aerial facilities.
(b) All installations of equipment, lines, and ancillary facilities shall be installed in
accordance with industry-standard engineering practices and shall comply with all federal,
State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights-of-Way or other public places made by
Franchisee in the course of its operations shall be protected by Franchisee 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.
Section 11.4. Stop Work Order. 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
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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:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions, consistent with the applicable laws, regulations, ordinances or
generally applicable standards under which work may be resumed.
Section 12. Work of Contractors and Subcontractors.
Section 12.1. Franchisee’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 are subject to the same restrictions, limitations, and conditions as
if the work were performed by Franchisee. Franchisee 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 Franchisee and shall ensure that all such work is performed in compliance with this
Franchise and applicable law.
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within ten (10) days of
substantial completion of any construction project involving a Public Right-of-Way, provide to the
City, at no cost to the City, accurate copies of as-built plans and maps stamped and signed by a
professional land surveyor or engineer in a form and content acceptable to the Public Works
Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works Director,
the Franchisee shall furnish the City with information sufficient to demonstrate: (1) that the
Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes,
including but not limited to sales, utility and/or telecommunications taxes, due the City in
connection with the Franchisee’s services and Facilities provided by the Franchisee have been
properly collected and paid by the Franchisee.
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Section 13.3. Books, records, maps, and other documents maintained by Franchisee with
respect to its Facilities within the Rights-of-Way and which are reasonably necessary to
demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from
the City, be made available for inspection by the City at reasonable times and intervals but no more
than one time each calendar year or upon the City’s reasonable belief that there has been a violation
of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be
construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall
this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature. Unless
otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be
construed as permission to withhold relevant customer data from the City that the City requests in
conjunction with a tax audit or review; provided, however, Franchisee may redact identifying
information such as names, street addresses (excluding City and zip code), Social Security
Numbers, or Employer Identification Numbers related to any confidentiality agreements
Franchisee has with third parties.
Section 13.4. Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
such information to comply with a utility tax audit, or in the event the City is permitted to charge
franchise fees as further described in Section 15.1, or as otherwise required in this Franchise.
Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential,
trade secret, or proprietary, and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or federal law. In the
event that the City receives a public records request under Chapter 42.56 RCW or similar law for
the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary,
the City shall promptly provide written notice of such disclosure so that Franchisee may take
appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from
complying with Chapter 42.56 RCW or any other applicable law or court order requiring the
release of public records, and the City shall not be liable to Franchisee for compliance with any
law or court order requiring the release of public records. The City shall comply with any
injunction or court order obtained by Franchisee that prohibits the disclosure of any such
confidential records; however, in the event a higher court overturns such injunction or court order
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and such higher court action is or has become final and non-appealable, Franchisee shall reimburse
the City for any fines or penalties imposed for failure to disclose such records as required hereunder
within sixty (60) days of a request from the City.
Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall
have the right to conduct an independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise and the collection of utility taxes, in accordance
with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or
more, Franchisee shall pay the total cost of the audit.
Section 14. Costs and Fees.
Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses
incurred by the City that are directly related to the receiving and approving this Franchise pursuant
to RCW 35.21.860, including the costs associated with the City’s legal costs incurred in drafting
and processing this Franchise, not to exceed $6,100.00. No construction permits shall be issued
for the installation of Facilities authorized until such time as the City has received payment of this
fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of
receipt of the invoice. Franchisee shall further be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under the laws of the City.
Where the City incurs costs and expenses for review, inspection, or supervision of activities,
including but not limited to reasonable fees associated with attorneys, consultants, City Staff and
City Attorney time, undertaken through the authority granted in this Franchise or any ordinances
relating to the subject for which a permit fee is not established, Franchisee shall pay such costs
and expenses directly to the City in accordance with the provisions of Section 14.3.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in
accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the
extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty
(60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City
in planning, constructing, installing, repairing, altering, or maintaining any City facility as the
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result of the presence of Franchisee’s Facilities in the Right -of-Way. Such costs and expenses
shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to
oversee or engage in any work in the Right-of-Way as the result of the presence of Franchisee’s
Facilities in the Right-of-Way. Such costs and expenses shall also include Franchisee’s
proportionate share of any time spent reviewing construction plans in order to either accomplish
the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to
interfere with Franchisee’s Facilities.
Section 14.4. The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. A charge for the actual costs incurred in preparing the billing may also be included
in said billing. Billing will be made on a monthly basis.
Section 15. City’s Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized under this
Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms
of this Franchise, other than as described herein. The City hereby reserves its right to impose a
Franchise fee on Franchisee if Franchisee’s operations as authorized by this Franchise change such
that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on
the imposition of such fees are removed. In either instance, the City also reserves its right to
require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein
shall preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that its operation with the City constitutes a
telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50.
Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a
telephone business and that Franchisee shall pay to the City the rate applicable to such taxable
services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree
however, that nothing in this Franchise shall limit the City's power of taxation as may exist now
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or as later imposed by the City. This provision does not limit the City's power to amend TMC
Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend,
modify or expand the taxes and fees that may be lawfully assessed on Franchisee’s Services.
Section 16. Police Powers and City Ordinances.
Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City’s
ability to adopt and enforce all necessary and appropriate ordinances regulating the performance
of the conditions of the Franchise granted by this Franchise Ordinance, including, b ut not limited
to, any valid ordinance made in the exercise of the City’s police powers in the interest of public
safety and for the welfare of the public. The City shall have the authority at all times to control by
appropriate regulations, including design standards and utility accommodation policies, the
location, elevation, manner of construction, and maintenance of any Franchisee Facilities located
within any Public Right-of-Way or affecting any Public Right-of-Way, and the Franchisee shall
promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law. In the event of a conflict between the regulatory provisions of
this Franchise Ordinance and any other ordinance(s) enacted under the City’s police power
authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth
herein.
Section 17. Limitation of City’s Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on the part
of the City, its elected and appointed officials, officers, employees, and agents for any injury or
damage from the failure of the Franchisee to comply with the provisions of this Franchise
Ordinance; by reason of any plan, schedule or specification review, inspectio n, notice and order,
permission, or other approval or consent by the City; for any action or inaction thereof authorized
or done in connection with the implementation or enforcement of the Franchise by the City; or for
the accuracy of plans submitted to the City.
Section 18. Compliance with All Applicable Laws.
Section 18.1. Each party agrees to comply with all present and future federal, state and
local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights
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they may have under any such laws, rules or regulations. This Franchise is subject to ordinances
of general applicability enacted pursuant to the City’s police powers. Franchisee further agrees to
remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its
own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably
suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything
of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration,
heat, noise or any interference with City services. City reserves the right at any time to amend this
Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a
City ordinance enacted pursuant to such federal or state statute or regulation when such statute,
regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance
with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of
its action setting forth the full text of the amendment and identifying the statute, regulation, or
ordinance requiring the amendment. Said amendment shall become automatically effective upon
expiration of the notice period unless, before expiration of that period, Franchisee makes a written
request for negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either party may
pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify,
defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and
appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability
to any person, for injury or death of any person, or damage to property caused by or arising out of
any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance
of this Franchise and any rights granted within this Franchise. Franchisee shall not indemnify the
City for any claims that result out of the City’s sole negligence or willful misconduct arising out
of this Franchise.
Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction shall not be grounds for avoidance by Franchisee of any
of its obligations under this Section 19. . These indemnification obligations shall extend to claims
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that are not reduced to a suit and any claims that may be compromised, with Franchisee’s prior
written consent, prior to the culmination of any litigation or the institution of any litigation.
Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request
in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City
subject to this Section 19.3. City’s failure to so notify and request indemnification shall not relieve
Franchisee of any liability that Franchisee might have, except to the extent that such failure
prejudices Franchisee’s ability to defend such claim or suit. In the event that Fran chisee refuses
the tender of defense in any suit or any claim, as required pursuant to the indemnification
provisions within this Franchise, and said refusal is subsequently determined by a court having
jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a
wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City’s reasonable costs
for defense of the action, including all expert witness fees, costs, and attorney’s fees, and including
costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict of interest
between the City and the counsel selected by Franchisee to represent the City, then upon the prior
written approval and consent of Franchisee, which shall not be unreasonably withheld, the City
shall have the right to employ separate counsel in any action or proceeding and to participate in
the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses
of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses
of separate counsel on behalf of the City for the City to bring or pursue any counte rclaims or
interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses
shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also
include the reasonable value of any services rendered by the counsel retained by the City but shall
not include outside attorneys’ fees for services that are unnecessarily duplicative of services
provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and
agents to cooperate with the other party in the defense of any such claim and the relevant records
of each party shall be available to the other party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to RCW
4.24.115. Accordingly, 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 Franchisee and
the City, its officers, officials, employees, and volunteers, Franchisee’s liability shall be only to
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the extent of Franchisee’s negligence. It is further specifically and expressly understood that the
indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee
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, 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, intentional misconduct or criminal actions on the
part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. In no event shall the City be liable for any indirect, incidental, special, consequential,
exemplary, or punitive damages, including by way of example and not limitation lost profits, lost
revenue, loss of goodwill, or loss of business opportunity in connection with its performance or
failure to perform under this Franchise. Franchisee releases and waives any and all such claims
against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against
any claims for damages, including, but not limited to, business interruption damages, lost profits
and consequential damages, brought by or under users of Franchisee’s Facilities as th e result of
any interruption of service due to damage or destruction of Franchisee’s Facilities caused by or
arising out of activities conducted by the City, its officers, agents, employees or contractors except
to the extent any such damage or destruction is caused by or arises from the sole negligence or
intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation,
termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and
as long as Franchisee 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.
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(a) No Limitation. Franchisee’s maintenance of insurance as required by the
Franchise shall not be construed to limit the liability of Franchisee 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. Franchisee shall obtain insurance of the
types and coverage described below:
(i) Commercial General Liability insurance shall be at least as broad
as ISO occurrence form CG 00 01 or equivalent 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 Franchisee’s Commercial General Liability
insurance policy with respect 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.
(ii) 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 or equivalent.
(iii) If applicable, Contractors Pollution Liability insurance shall be in
effect throughout the entire Franchise covering losses caused by pollution conditions that arise
from the operations of Franchisee. 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.
(iv) Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(v) Excess or Umbrella Liability insurance shall be excess over and at
least as broad in coverage as Franchisee’s Commercial General Liability and Automobile
Liability insurance. The City shall be named as an additional insured on the Contractor’s Excess
or Umbrella Liability insurance policy.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the following
insurance limits:
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(i) Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $5,000,000 per accident.
(iii) If applicable, Contractors Pollution Liability insurance shall be
written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
(iv) 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 Franchisee’s Commercial
General Liability and Automobile Liability insurance, or any combination thereof that achieves
the overall required limits.
(d) Other Insurance Provisions. Franchisee’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 the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the
City shall be excess of Franchisee’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.
(f) Verification of Coverage. Franchisee shall furnish the City with original
certificates and a copy of the amendatory blanket endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of the
Franchise. Upon request and no more than annually, by the City, Franchisee shall furnish certified
copies of all required insurance policies, including endorsements, required in this Franchise and
evidence of all subcontractors’ coverage.
(g) Subcontractors. Franchisee shall cause each and every Subcontractor
to provide insurance coverage that complies with all applicable requirements of Franchisee-
provided insurance as set forth herein, except Franchisee shall have sole responsibility for
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determining the limits of coverage required to be obtained by Subcontractors. Franchisee shall
ensure that the City is an additional insured on each and every Subcontractor’s Commercial
General liability insurance policy using an endorsement as least as broad as ISO CG 2026.
(h) Notice of Cancellation. Franchisee 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 Franchisee 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 Franchisee 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 Franchisee Limits. If Franchisee 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
Franchisee, irrespective of whether such limits maintained by Franchisee 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 Franchisee.
(k) Franchisee – Self-Insurance. If Franchisee is self-insured or becomes
self-insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply
with the following: (i) provide the City, upon request, a copy of Franchisee’s or its parent
company’s most recent audited financial statements, if such financial statements are not otherwise
publicly available; (ii) Franchisee or its parent company is responsible for all payments within the
self-insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as
outlined in Section 19.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities and if
required by the City, Franchisee shall furnish a performance bond (“Performance Bond”) written
by a corporate surety reasonably acceptable to the city in an amount equal to 150% of the
construction cost, which should not be less than $2,000. The amount of the Performance Bond
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may be reduced during construction as determined by the City. The Performance Bond shall
guarantee the following: (1) timely completion of construction; (2) construction in compliance
with all applicable plans, permits, technical codes, and standards; (3) proper location of the
Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties
affected by the construction; (5) submission of as-built drawings after completion of construction;
and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or
services provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction, including final
inspection, corrections, and final approval of the work, recording of all easements, provision of as-
built drawings, and the posting of a Maintenance Bond as described in Section 21.2.
Section 21.2. Maintenance Bond. Following excavation, installation, construction,
restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two
(2) year maintenance bond (“Maintenance Bond”), or other surety acceptable to the City, at the
time of final acceptance of construction work on Facilities within the Rights -of-Way. The
Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the
construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City’s
release of the bond required by Section 21.1.
Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount
of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise Bond”) running or renewable for the
term of this Franchise, in a form and substance reasonably acceptable to City. In the event
Franchisee shall fail to substantially comply with any one or more of the provisions of this
Franchise following notice and a reasonable opportunity to cure, then there shall be recovered
jointly and severally from Franchisee and the bond any actual damages suffered by City as a result
thereof, including but not limited to staff time, material and equipment costs, compensation or
indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove
described. Franchisee specifically agrees that its failure to comply with the terms of this Section
20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be
construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 22. Abandonment of Franchisee’s Facilities.
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Section 22.1. Upon the expiration, termination, or revocation of the rights granted under
this Franchise, Franchisee shall remove all of its Facilities from the Right s-of-Way within one
hundred (120) days) days of receiving written notice from the Public Works Director or designee.
The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval
by the City. Any plan for abandonment or removal of Franchisee’s Facilities must be first
approved by the Public Works Director or his/her designee, and all necessary permits must be
obtained prior to such work. Franchisee shall restore the Right-of-Way to at least the same
condition the Rights-of-Way were in immediately prior to any such removal provided Franchisee
shall not be responsible for any changes to the Right-of-Way not caused by Franchisee or any
person doing work for Franchisee. Franchisee shall be solely responsible for all costs as sociated
with removing its Facilities.
Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee’s
improvements to be abandoned in place in such a manner as the City may prescribe. Upon
permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the
City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to
the City.
Section 22.3. Any Facilities which are not removed within one hundred twenty (120) days
of either the date of termination or revocation or the date the City issued a permit authorizing
removal, whichever is later, shall automatically become the property of the City. Any costs
incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed
by Franchisee. Nothing contained within this Section 22. shall prevent the City from compelling
Franchisee to remove any such Facilities through judicial action when the City has not permitted
Franchisee to abandon said Facilities in place.
Section 22.4. If Franchisee leases a structure in the Right-of-Way from a landlord and
such landlord later replaces, removes or relocates the structure, for example by building a
replacement structure, Franchisee shall remove or relocate its Facilities within the Right-of-Way
within ninety (90) days of such notification from the landlord at no cost to the City.
Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation,
abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in
Rights-of-Way.
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Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions
of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with
any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee
shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this
Franchise may be revoked or annulled by the Council after a hearing held upon notice to
Franchisee.
Section 23.2. Such hearing shall be open to the public and Franchisee and other interested
parties may offer written and/or oral evidence explaining or mitigating such alleged
noncompliance. This hearing does not give the right to either the City or Franchisee to condu ct
discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the
Tukwila City Council, on the basis of the record, will make the determination as to whether there
is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions
should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional
time period to cure violations. If the deficiency has not been cured at the expiration of any
additional time period or if the Tukwila City Council does not grant any additional period, the
Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or
impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may
be held in abeyance pending judicial review by a court of competent jurisdiction, provided
Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal rights and
remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to
comply with the provisions of the Franchise and to recover damages and costs incurred by the City
by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein, the
City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors
and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves
the right to pursue any remedy available at law or in equity to compel or require the City, its
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officers, employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to
and cumulative with any and all other rights and remedies available to either the City or Franchisee.
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. Provided, further, that by entering into this Franchise, it is not the intention of the City
or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law
equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such
waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be
required to post a bond or other security and the parties agree not to seek the imposition of such a
requirement.
Section 24.2. If either party (the “Defaulting Party”) shall violate, or fail to comply with
any of the provisions of this Franchise, or should it fail to heed or comply with any notice given
to such party under the provisions of this Franchise, the other party (the “No n-Defaulting Party”)
shall provide the Defaulting Party with written notice specifying with reasonable particularity the
nature of any such breach and the Defaulting Party shall undertake all commercially reasonable
efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably
determine the breach cannot be cured within (30) thirty days, the Non-Defaulting Party may
specify a longer cure period, and condition the extension of time on the Defaulting Party’s
submittal of a plan to cure the breach within the specified period, commencement of work within
the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the
breach is not cured within the specified time, or the Defaulting Party does not comply with the
specified conditions, the Non-Defaulting Party may pursue any available remedy at law or in
equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no
further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim
damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or Franchise
Bond set forth in Section 21.3.
Section 25. Non-Waiver.
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Section 25.1. The failure of either party to insist upon strict performance of any of the
covenants and agreements of this Franchise or to exercise any option herein conferred in any one
or more instances, shall not be construed to be a waiver or relinquishment of any such covenants,
agreements or option or any other covenants, agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the
Franchisee shall execute and return to the City its execution and acceptance of this Franchise in
the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance
obtained and additional insured endorsement pursuant to Section 20. , any applicable construction
Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3,
and the administrative fee pursuant to Section 14.1.
Section 27. Survival.
Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section
7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3
and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities
Franchisee may have to the City at common law, by statute, or by contract, and shall survive the
City’s Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions
thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise
shall further be binding upon the heirs, successors, executors, administrators, legal representatives
and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee
shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or
otherwise, unless prior written consent is provided to the City within sixty (60) days following the
assignment. In the case of transfer or assignment as security by mortgage or other security
instrument in whole or in part to secure indebtedness, such notice shall not be required unless and
until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no
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assignment or transfer of this Franchise shall be deemed to occur based on the public trading of
Franchisee’s stock. Notwithstanding anything to the contrary contained in this Agreement,
assignment or transfer shall not include, and any condition to assignment shall not apply in the
event of (i) a transfer of this Agreement to an entity which is the parent of Franchisee, subsidiary
of Franchisee, affiliate of Franchisee, or shall directly or indirectly control, be controlled by, or be
under common control with, Franchisee; (ii) a sale of ownership interest or issuance of new
ownership interests, directly or indirectly, in Franchisee; (iii) a change of control; and/or (iv) a
transaction in which any entity succeeds to all or substantially all of the assets of Franchisee or to
all or substantially all of the assets operated by Franchisee in a specific geographic area whether
by merger, consolidation, sale or otherwise, provided such successor entity assumes in full the
obligations of Franchisee under this Agreement. Franchisee shall notify the City, in writing, of
any such assignment or sublease within ninety (90) days after its occurrence.
Section 29. Entire Agreement.
Section 29.1. 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 of this Franchise.
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated
or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month-to-month basis,
provided that Franchisee maintains insurance for such Facilities during such period and
continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee’s sole cost
and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchise shall not preclude the City from acquiring
by condemnation in accordance with applicable law, all or a portion of the Franchisee’s Facilities
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the area conferred by this Franchise.
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Section 32. Vacation.
Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area
affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by
reason of such vacation. If Franchisee has Facilities in the vacated portio n of the Right-of-Way,
the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the
vacated portion of the Right-of-Way within which Franchisee may continue to operate existing
Facilities under the terms of this Franchise for the remaining period of the term set forth in Section
4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve
such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before
vacating all or any portion of any such area, in which Franchisee is located. The City may, after
sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Section 33. Hazardous Substances.
Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical
or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its
agents, contractors or any person under its control to do the same. Franchisee will be solely
responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration
of the property to the extent caused by Franchisee’s use, storage, or disposal of hazardous
substances, whether or not intentional, and the use, storage or disposal of such substances by
Franchisee’s agents, contractors or other persons acting under Franchisee’s control, whether or not
intentional.
Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the
expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise
Ordinance.
Section 34. Notice
Section 34.1. Notices must be sent to the physical mailing address set forth below or at
such other address as either party specifies in writing. All overnight courier notices shall be deemed
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to be delivered when actually received or refused. Any Notice or information required or permitted
to be given to the parties under this Franchise agreement may be sent to the following addresses
unless otherwise specified:
CITY OF TUKWILA
Jen Tetatzin
6200 Southcenter Blvd
Tukwila, WA 98188
E:mail:
Jen.Tetatzin@TukwilaWA.gov
Eric.Compton@TukwilaWA.gov
FRANCHISEE
McLeodUSA Telecommunications Services,
LLC
4005 N Rodney Parham Rd
Little Rock, AR 72212
ATTN: Permitting/Franchises/Legal
With a copy to:
Windstream.legal.notices@windstream.com
Section 34.2. The Franchisee’s current emergency contact shall be Network Operations
Center and is reachable via the following number 800-236-7284, and shall be available 24 hours a
day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice
address or emergency contact (or title) and phone number.
Section 35. Miscellaneous.
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a business or
utility license from the City. Franchisee shall pay promptly and before they become delinquent,
all taxes on personal property and improvements owned or placed by Franchisee and shall pay all
license fees and public utility charges relating to the conduct of its business, shall pay for all
permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation
of exemption is provided to the City and shall pay utility taxes and license fees imposed by the
City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in connection with any controversy
arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and
expenses, including such sum as the court may judge as reasonable for attorneys’ fees, costs,
expenses and attorneys’ fees upon appeal of any judgment or ruling.
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Section 35.4. This Franchise shall be construed in accordance with the laws of the State
of Washington. Venue for any dispute related to this Franchise shall be the United States District
Court for the Western District of Washington, or Snohomish County Superior Court.
Section 35.5. Section captions and headings are intended solely to facilitate the reading
thereof. Such captions and headings shall not affect the meaning or interpretation of the text
herein.
Section 35.6. Where the context so requires, the singular shall include the plural and the
plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals,
authorizations and agreements from any party or entity and it is acknowledged and agreed that the
City is making no representation, warranty or covenant whether any of the foregoing approvals,
authorizations or agreements are required or have been obtained by Franchisee by any person or
entity.
Section 35.8. This Franchise may be enforced at both law and equity.
Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for
the premises and equipment’s compliance with all marking and lighting requirements of the FAA
and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other
liabilities caused by Franchisee’s failure to comply with such requirements. Should Franchisee or
the City be cited by either the FCC or the FAA because the Facilities or the Franchisee’s equipment
is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may either terminate this Franchise immediately
on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee’s
expense.
Section 35.10. This Franchise is subject to all current and future applicable federal, State
and local laws, regulations and orders of governmental agencies as amended, including but not
limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as
amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any
rights they may have under any such laws, rules, or regulations.
Section 35.11. There are no third party beneficiaries to this Franchise.
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Attachment B- Page 1 of 1
Attachment B
STATEMENT OF ACCEPTANCE
McLeodUSA Telecommunications Services, LLC, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise
attached hereto and incorporated herein by this reference.
By: ____________________________________ Date: ______________________________
Name: Sarah Hays
Title: Staff Manager, Engineering Support
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 2026, before me the undersigned, a Notary Public in and
for the State of _________________, duly commissioned and sworn, personally appeared,
__________________ of _____________________, the company that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_____________________________________________
Signature
_____________________________________________
NOTARY PUBLIC in and for the State of __________________,
Residing at ________________________
MY COMMISSION EXPIRES: __________________________.
215
City of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
ITEM NO.
AGENDA BILL
Agenda Item Camping Restriction Ordinance
Sponsor Eric Lund, Interim Chief of Police
Legislative History
Recommended Motion ☐Discussion Only ☒Action Requested
MOVE TO adopt the ordinance as presented.
EXECUTIVE SUMMARY
The proposed ordinance would establish camping on public property as a criminal offense within the
City of Tukwila. Its primary intent is to address growing public‑safety concerns, preserve accessibility of
public spaces, and create a consistent legal framework for responding to unauthorized encampments.
The ordinance is designed to give officers clearer enforcement authority while aligning the City’s
practices with recent legal requirements and court decisions that govern public‑space management.
For example, The U.S. Supreme Court’s decision in the City of Grants Pass v. Johnson (2024) confirms
that municipalities may enforce reasonable, content-neutral public camping regulations regardless of
shelter availability.
Under the proposal, camping on public property would be prohibited unless explicitly authorized.
Violations could result in misdemeanor charges, with enforcement guided by departmental policy
emphasizing voluntary compliance when possible.
The Police Department remains committed to offering referrals to services, shelter, and supportive
resources as a first step, ensuring individuals experiencing homelessness are given every reasonable
opportunity to seek assistance prior to any enforcement action.
DISCUSSION
When individuals establish an encampment on public property—such as parks, rights‑of‑way,
sidewalks, or other city‑owned areas—officers respond based on documented safety hazards, public
health concerns, or interference with the intended use of the property. Because there is no specific
local ordinance prohibiting camping on public land, officers typically rely on voluntary compliance
efforts, and coordination with outreach teams. This results in an approach that emphasizes
engagement and resource connection while ensuring the public property remains safe, accessible, and
usable for its intended purpose.
When individuals refuse to leave an encampment on public property and police action becomes
necessary, officers must operate within the strict legal framework governing the use of force in
Washington State. Under RCW 10.120, officers may use physical force only when it is necessary to
carry out a lawful duty.
This ordinance does not alter the Tukwila Police Department’s longstanding practice of prioritizing
outreach, resource connection, and voluntary compliance before taking any enforcement action.
Officers will continue to work closely with social‑service partners to offer shelter options, behavioral
June 22, 2026 Community Services & Safety Committee
July 13, 2026 Committee of the Whole
July 20, 2026 Regular Meeting
5.F.
216
health resources, and other supportive services prior to considering an arrest or citation. The ordinance
simply provides a legal framework for addressing unlawful camping on public property, when
necessary, but it does not diminish the department’s commitment to engaging individuals respectfully,
attempting to resolve situations without enforcement, and using arrest only as a last resort.
The City and Police Department engaged in community outreach by inviting partners and people to the
table who could provide insight into the impacts on those most affected. In these meetings we heard
differing viewpoints, including from those opposing such changes. However, community input
increasingly reflects a strong desire for the city to take additional measures to address homelessness.
Since 2022, the police department has received 53 complaints regarding encampments through the
Tukwila Works app.
Both City staff and the City Attorney have reviewed the draft ordinance, and edits based on their
feedback have been integrated.
ATTACHMENTS
Draft Ordinance – TMC 8.41
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Staff: E. Lund
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CAMPING ON
CITY PROPERTY; ESTABLISHING A NEW CHAPTER 8.41
OF THE TUKWILA MUNICIPAL CODE, “CAMPING
REGULATIONS”; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Article XI, Section 11 of the Washington Constitution and RCW 35A.11.020
authorize the City of Tukwila (“City”) to regulate public property, including City parks, rights
of way, and public utility property; and
WHEREAS, camping on public property is a public health, safety, and risk concern due
to interference with other intended uses, such as daily government operations, public
events, recreational activities, utility service, and pedestrian, bicycle, and vehicular traffic;
and
WHEREAS, camping without adequate sanitation services, such as sewer, water, and
garbage removal, presents a public health hazard due to the increased risk of disease and
virus transmission; and
WHEREAS, many public properties are developed for specific uses and should be
available to the public for the property's intended purpose, including City operations,
recreation, transportation, utility service, public service events, environmental protection,
and other public uses; and
WHEREAS, in City of Grants Pass v. Johnson, 603 U.S. 520 (2024), the United
States Supreme Court held that generally applicable laws regulating or prohibiting
camping on public property do not constitute cruel and unusual punishment under the
Eighth Amendment to the United States Constitution, and that cities m ay enforce such
laws to manage the use of public spaces; and
WHEREAS, the Tukwila City Council is committed to a service first philosophy that
ensures members of our homeless community are treated with dignity and respect, and
DRAFT
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Version: 06/09/26
Staff: E. Lund
that city staff implement administrative practices where housing, mental health, drug
addiction, employment, and other types of services are offered prior to punitive
enforcement action;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for this Ordinance.
Section 2. TMC Chapter 8.41 Established. Tukwila Municipal Code (TMC) Chapter
8.41, entitled “Camping,” is hereby established to read as follows:
CHAPTER 8.41
CAMPING REGULATIONS
Sections
8.41.010 Purpose.
8.41.020 Unlawful Camping.
8.41.030 Definitions.
8.41.040 Rules.
8.41.050 Penalties and Enforcement.
Section 3. Regulations Established. A new TMC Section 8.41.010, “Purpose,” is
hereby established to read as follows:
8.41.010 Purpose.
The purpose of this chapter is to prevent harm to the health and safety of the public and
environment, and to promote the public health, safety, and general welfare and
environment by keeping public streets, sidewalks, parks, and other city-owned and/or city-
maintained public property within the city readily accessible to the public, and to prevent
use of city-owned and/or city-maintained public property for camping purposes or storage
of personal property that interferes with the rights of others to use the areas for the
purposes for which they were intended.
Section 4. Regulations Established. A new TMC Section 8.41.020, “Unlawful
Camping,” is hereby established to read as follows:
8.41.020 Unlawful Camping.
A.Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities, or
use camp paraphernalia on city property, except as set forth in subsection C of this
section.
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B.Storage of Camping Facilities and Paraphernalia Prohibited. It is unlawful for any
person to store camp facilities and camp paraphernalia on city property, except as
otherwise provided by ordinance.
C.Exceptions. The prohibitions contained in subsections A and B of this section shall
not apply if:
1.The person is camping or using camp paraphernalia or camp facilities as
permitted under this subsection:
a.The Director of Parks and Recreation, Director of Public Works, or their
Designee(s) may approve a permit for camping on city property if the
Directors finds, based upon a permit application and information
otherwise obtained, that:
(1)Adequate sanitary facilities are provided and accessible at or near
the camp site;
(2)Adequate trash receptacles and trash collection will be provided;
(3)The camping activity will not unreasonably disturb or interfere with
the peace, comfort and repose of other users or adjacent or nearby
private property owners;
(4)The camping activity is not reasonably likely to cause injury to
persons or property, to provoke disorderly conduct, or to create a
disturbance;
(5)Any tent or shelter being used will provide an unobstructed view
through such tent or shelter from at least two sides; and
(6)Allowing the camping is in the public interest.
b.The Director of Parks and Recreation and Public Works Director are
authorized to promulgate rules and regulations regarding the
implementation and enforcement of this section.
c.Seven days is the maximum period of time a permit may authorize
camping on city property.
Section 5. Regulations Established. A new TMC Section 8.41.030, “Definitions,” is
hereby established to read as follows:
8.41.030 Definitions.
A.“City property” as used in this section means all improved and unimproved real
property owned or leased by the City of Tukwila, and all City of Tukwila easements,
including but not limited to all portions of city parks, as defined in TMC Chapter 12.08,
city buildings, rights-of-way, city parking lots, and city environmentally sensitive
areas. City property shall not include religious organization property subject to RCW
35A.21.360.
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B.“Camp” or “camping” means to pitch, create, use, or occupy camp facilities for the
purposes of habitation, living accommodation, or dwelling, as evidenced by the
storage of personal belongings in “camp facilities” or the use of “camp paraphernalia.”
C.“Camp facilities” include, but are not limited to, tents, tarps configured for shelter,
huts, and temporary shelters. “Camp facilities” does not include shelters when used
temporarily in a park for recreation or play during hours when the park is open to the
public.
D.“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and
similar equipment.
E.“Director of Parks and Recreation” means the Director or their designee(s).
F.“Store” means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
Section 6. Regulations Established. A new TMC Section 8.41.040, “Rules,” is hereby
established to read as follows:
8.41.040 Rules.
The Chief of Police is hereby authorized to adopt rules, regulations, administrative
policies, and procedures for implementing TMC sections 8.41.010 and 8.41.020.
Section 7. Regulations Established. A new TMC Section 8.41050, “Penalties and
Enforcement,” is hereby established to read as follows:
8.41.050 Penalties and Enforcement.
A.A violation of this section is a misdemeanor punishable by up to 90 days in jail and/or
up to a $1,000 fine.
B.When any police officer, park ranger (TMC 12.08.050(K)), code enforcement officer
(TMC 8.45.030), or other duly commissioned officer has probable cause to believe that
any person has violated this chapter, the officer may order such person to immediately
leave the property where the violation is occurring. Any person refusing to comply with
such an order or returning to the property on the same calendar day as such an order is
issued is subject to prosecution for criminal trespass pursuant to chapter 9A.52 RCW
and/or TMC Section 8.40.040. Additionally, any police officer, park ranger, or other duly
commissioned officer may:
1.Issue a misdemeanor pursuant to TMC Section 8.41.040(A);
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2.Issue the person a trespass warning excluding them from the property where
the violation is occurring, as set forth in TMC Chapter 8.23.
Section 8. Implementation of Ordinance. The Mayor and designee(s) are authorized
to take such further actions and implement any administrative procedures necessary to
implement and/or carry out the directives of this Ordinance.
Section 9. 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 clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 10. 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 11. 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 (5) 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 ____________, 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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