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Home My WebLink AboutFS 2013-01-23 COMPLETE AGENDA PACKETW" City of Tukwila Finance and Safety Committee O Dennis Robertson, Chair O Verna Seal O De'Sean Quinn AGENDA WEDNESDAY, JANUARY 23, 2013 — 5:30 PM CONFERENCE Room #3 (at east entrance of City Hall) Distribution: D. Robertson V. Seal D. Quinn K. Hougardy Mayor Haggerton D. Cline P. McCarthy C. O'Flaherty S. Kerslake K. Matej J. Trantina Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A contract with BERK Consulting for Strategic Plan a. Forward to 1/28 COW Pg.1 implementation. and 2/4 Regular Mtg. Joyce Trantina, Project Analyst b. A lease agreement with Alliance One. b. Forward to 2/4 Consent Pg.11 David Cline, City Administrator Agenda c. An ordinance regarding the leak adjustment policy. c. Forward to 1/28 COW Pg.17 Peggy McCarthy, Finance Director and 2/4 Regular Mtg. d. Tentative Finance and Safety Committee items for 2013. d. Information only. Pg.45 Peggy McCarthy, Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: February 5, 2013 16. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 or (TukwilaCityClerk @TukwilaWA.gov) for assistance. p TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE FROM: Joyce Trantina, Mayor's Office DATE: January 16, 2013 SUBJECT: Strategic Planning Implementation — Draft Contract, Berk & Associates ISSUE The City is recommending contracting with Berk and Associates to assist in the implementation phase of the 2012 Strategic Plan. The City seeks assistance in linking City plans and actions to the broader Strategic Plan, and will utilize the expertise of Berk consultants to provide additional support for developing the tools, frameworks and performance measures needed to guide and manage this on-going process. BACKGROUND Berk and Associates have provided excellent leadership and guidance as the City embarked on developing its first Strategic Plan. As a result of the significant amount of time spent working across the various stakeholders in our community, Berk staff have an excellent understanding of the unique challenges and expected outcomes by the various groups, and are uniquely positioned to provide a seamless transition as we move forward into the next phase of this important work. DISCUSSION The project components will include facilitated work sessions with City leadership, engaging City leaders in a process that builds action oriented workplans. Once an approach to implementation is established, further work will be done at the department level. Berk & Associates will also assist the City in communication plans (internal and external) and help build organizational capacity. The cost of this contract is not to exceed $65,000 and will be funded by the Mayor's office 2013/2014 budget. RECOMMENDATION The Committee is being asked to move this item forward to the January 28, 2013 Committee of the Whole Meeting and subsequent Regular City Council Meeting on February 4, 2013, for approval and authorization for execution by the Mayor. ATTACHMENTS Consulting Agreement with Exhibit 1 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR STRATEGIC PLANNING (CONSULTING) SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Berk & Associates, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform consulting services in connection with the project titled Strategic Planning. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2013 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as outlined in Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 3 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend 'fy and hold the City, its officers, officials, employees and volunteers harmless,,,,frOin any and 1 claims, injuries, damages, losses or suits including attorney fees, arising' out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement', except for injuries and damages caused by the sole negligence of the City. Should a court of competent .jurisdiction determine:flia,t this Agreement 1s subject to RCW 4.24.115, then, in the event of ,,f1ity for damages arising out of bodily injury to persons or damages to property caused by tirrettitin from the concurrent negligence of the Consultant and the City, its officers, officials, e`41 ees, and 'volunteers, the Consultant's liability, including the duty and cost to def erchereuniCi:<shall be only 10 the extent of the Consultant's negligence. It is furthcr specificallSi',4ndeXpfes4yianderstood that the indemnification provided herein Onstitutes the C nsultan waiver of irnmunity under Industrial Insurance, Title 51 RCW, solely for the purposes ofthis `indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or term inati* of this Agreernent 8. Insurance. T14*COnsultant*all procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perf6tinance of the work hereunder by the Consultant, its agents, representatives, or emiitoyees. Consultant's maintenance of insurance as required by the agreement *tall not be Construed to limit the liability of the Consultant to the coverage provided by*ch insurancePbr otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the:liMits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised 2012 4 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less " than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's prate**, B. Other Insurance Provision. The CairStiltats Automobile Liability and Commercial ',, General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained Ery the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers, ,,Insurance is to -be tilaced with insurers with a current A.M. Best rating of not less than A.A11)' D. Verification of Coverage. Consultant furnish :-'the City with original certificates and a copy of the amendatory en orsemerits,;,,incl-u.ding%Ut not necessarily limited to the additional insuf4endaysement, evidencing the insurance requirements of the Consultant before comrnerraenierrt'af,the work? certificates of coverage and endorsements as required by this section ",'s hall be delivered to the ity within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. Thc Consultant shall provide the City with written notice of any 6Ife within Iwo busincss days/of their receipt of such notice. F. Fa ure t:1V4aintain nsuyance. Failure 'On the part of the Consultant to maintain the insurance as required shall//canstitute a material breach of contract, upon which the City may, after giving five busiries4, days notice to the Consultant to correct the breach, imnrediately terminate the contract or, at its discretion, procure or renew such insurance and pay'any and all preiniums in connection therewith, with any sums so expended to be repaid to the city on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised 2012 Page 3 5 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 1 1 . Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds";of""race, color, national origin, religion, creed, age, sex or the presence of any physical ;ot";'Seitsory handicap in the selection and retention of employees or procurement of materials Or supplies. 12. Assignment. The Consultant shall not sublet -or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of` this Agreement or, an.y time limitation provided for in this Agreement shall not constitute %a `aIVer of any other provision. 14. Termination. A. The City reserves the right to lerminate `,t this Agreement at any time by giving ten (10) days written notice to the Consultant. ' B. In the event of e death t of a men4et, part. tier or officer .of the Consultant, or any of its hsuepreebrvyisaogrryeepiedrscodnnheils,fici7ed to the Project, the surviving members of the Consultant mplete:the work under the terms of this Agreement, if requested to do 15. Applicable Law; Venue; A 0 , SO v„,„, h2se surviving :11:_,T,ti shall no: joTehais bAargrteoemrene,gotiations of this Agreement -',.... ;14Vivi '2 rtiefrtbers o .:2; it, rney,s Foenessu. ltailt and the City, if the City so chooses. Agreement shall be subject to, and the Consultant shall at all Comply with, all applicable federal, state and local laws, a ' ding regulaticOe7d rules. inc nc tt the Provisions of the City of Tukwila Municipal Code and ordinances gtoOf the City ofItik ila. In the event any suit, arbitration, or other proceeding instituted 'enforce any wf this Agreement, the parties specifically under.standartanydinaganreye that venue shalfbe,propt'9.AtY''la°id. in King County, pahington. The prevailmfgdrp such action shall he entitled to its attorney's fees Washington. costs of suit. Venue any action arising from or related4O this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or po vision of this Agreement enott' is declared void or unenforceable or limited in its application or effect, such event shall n affect any other provisions hereof and all other provisions shall remain fully enforceable. Thespurrvovise the of this Agreement, which by their sense and context are reasonably sunablyrviv intended to iv completion, expiration or cancellation of this Agreement, , termination of this Agreement. CA revised 2012 6 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 Notices to Consultant shall be sent to the following address: Berk & Associates Attn: Brian Murphy 2025 First Avenue Suite 800 Seattle WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, reprrentations, or agreements written or oral. No amendment or modification of this Agreement shall be of any Rice or effect unless it is in writing and signed by the parties. DATED this day oj, , 2013. CITY OF TUKWILA Attest/Authenticated: Michael Hodgins Approved as to Form: City Clerk CA revised 2012 Office of the City Attorney Page 5 7 8 CITY OF ��U U��UK �� STRATEGIC PLAN IMPLEMENTATION x�"o , ��" w��u*��o�,�=,uwv"�"=~~�o"� . ��.� Proposed Scope of Work: 1/16/13 PROJECT UNDERSTANDING The City of Tukwila has recently adopted a city-wide Strategic Plan. This Plan was developed through extensive community and staff involvement, with a Steering Committee comprised of community representatives serving as the primary plan development body. The PIan establishes a Community Vision, a CIty of Tukwila Mission Statement, and five Goals and supporting Objectives. The Plan also establishes the City Performance and Accountability Model that establishes a framework for developing annual workplans aligned to the Strategic PIan. CITY PERFOR ANCE & ACCOUNTABILITY EL community and AA enter eftgageniont 1^"' Conti riesol get* The City is now in its first year implementing the Strategic Plan. The City seeks assistance in tying City Sthatoil *gam* Sbaltie plans and actions to the Strategic Plan, and additional support to develop the tools, frameworks, and performance measures to guide and manage this ongoing process. Tools are needed to support the development of workplans and to track and publically communicate progress. The work to be accomplished in 2015 will establish the framework and tools for the City's annually recurring workplanning process per the City Performance and Accountability Model. loiptemmtation 5** Outoorna-taseti Fun/1k PROPOSED WORKPLAN Over the course of a year, BERK will work closely with City leadership to develop the systems and tools necessary to align City efforts with the Strategic Plan, building linkages among the Strategic Plan, existing systems, and ongoing practices of the Tukwila organization. BERK will directly support the City in using these tools during this first year of implementation, improving them for ongoing use given lessons learned during the 2013 cycle. Anticipated Project Components We propose a collaborative and responsive approach, and will work closely with City leadership to advance the effort in the most effective ways possible. Facilitated VVorkses ionswbh City Leadership. BERK will design and facilitate effective worksessions with the City's Leadership Team and possibly City Council. We will design the worksessions to engage City leaders in bridging from the Vision and ambitions of the Strategic Plan to action-oriented workplans that direct and evaluate City actions and investments. The discussions will begin at a City-wide level, considering phasing and prioritization of the full Strategic Plan over a 5-year period. Once a conceptual phased approach to implementation is established, additional work will occur at the department and cross-department level to establish departmental and cross-functional workplans and performance measures. We will facilitate the Executive Team's work in City of Tukwila — Strategic PIan Implementation Proposed Scope of Work 1/16/13 developing, evaluating, and approving these workplans. Once they are approved, plans will be communicated and progress evaluated in a transparent process. Organizational Capacity Development. As described in Goal Four of the Strategic PIan, it is important that the City of Tukwila develop the organizational culture and capacity to deliver on the promises of the Strategic Plan. BERK will assist in this process, coordinating with any additional resources the City brings to bear on this important topic. Communications Support. BERK will support the City in communicating workplans to both internal and external audiences, ensuring that City staff, residents, business owners, partners, and other interested parties have the ability to easily understand and track the City's process and progress. Anticipated Outcomes andWmrkornduds Through this process, we anticipate collaborating with the City to develop the following workproducts, which will be delivered to the City in a format and fashion supportive of the City owning, modifying, and using these tools for years to come. • Conceptual phasing of all elements of the Strategic Plan. • Annual departmental workplans that align with the City's Strategic Plan and budget. • Additional schematics and frameworks that illustrate alignment, clarify roles, and otherwise provide information about the relationships between people, processes, and products. • Performance measures to track and communicate process. • Communication strategies and collateral pieces for ongoing communication with City residents and other stakeholders, including web, email, social media, print media, and public meeting formats. BUDGET The budget for this effort is not to exceed $65,000, with BERK to invoice the City monthly on a time and materials basis. BERK project staff will bill at the foUowing rates: • Brian Murphy: $180/hour • Dawn Couch: $I40/hour • Associate Support: $1I5/hour • Project Associate Support: $70/hour 2 10 T{]: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL �� nn�n��nnn�n��n n»��nm��~ o�n�~nmn��n�mn��n�n Mayor Haggerton FINANCE AND SAFETY COMMITTEE FROM: David Cline, City Administrator DATE: January 16, 2013 SUBJECT: Lease Agreement — Alliance One ISSUE The current Lease Agreement with Alliance One expired on December 31, 2012. The City has prepared a new Agreement for approval. BACKGROUND In April of 2009, the City executed a Lease Agreement with Alliance One Receivables Management, which provided the agency with counter space at Tukwila Municipal Court, in exchange for $500/month rent. The Lease was renewed in subsequent years, and the current rent amount is $750 per month. DISCUSSION At the time the original Lease was executed the City believed it was worthwhile to provide this space to Alliance One while monitoring the advantages and impacts this situation would create for the City and residents utilizing City Hall. In the past year, Alliance One has opened additional offices in Seattle and Kent. While it appears having Alliance One located in City Hall has provided an increase in payments made to Tukwila accounts, it has also increased the volume of traffic and vehicles, creating challenges for residents who need to utilize City Hall for a wide range of services (payment of utility bills, pet licenses, business license renewals, etc.). The main City Hall lobby has a large volume of Alliance One customers, waiting in a queue. The tenant has taken steps to improve the flow of foot traffic and reduce noise and disruptions but the City believes the negative impacts and image this activity creates does not offset the rent and other benefits. As a result, the proposed lease is for the period January 1, 2013 through June 30, 2013, and will provide notice to Alliance One that the City does not intend to extend the Lease beyond that time. The Lease may be terminated by either party upon 30 days written notice but the City will actually be providing 90-120 days advance notice. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda at the Regular City Council Meeting on February 4, 2013, for approva and authorization for execution by the Mayor. ATTACHMENTS Copy of Lease Agreement. 12 City of °�x� �� " u«ropmova G2OOSouthcenier Boulevard, Tukwila VVAQ8188 LEASE AGREEMENT Agreement Number: THIS LEASE AGREEMENT, dated , 2013 is made between the Tukwila Municipal Court ("the Court" or "Lessor") and Aliiance One Receivables Management, Inc. ("Alliance" or "Lessee"). IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: L. Premises. Lessor does hereby agree to lease to Lessee, upon the following terms and conditions, one (1) front counter workspace at the Tukwila Municipa Court located at 6200 Southcenter 2. Term. This agreement shall be in full force and effect for a period c 1, 2013 and ending June 30, 2013 unless sooner terminated under the provisions hereinafter specified. 3. Rent. Lessee covenants and agrees to pay Lessor, at Lessor's address, without deduction or offset, rent of Seven Hundred Fifty Dollars ($750.00) per month ("Renta Payment"). The Rental Payment shall be submitted to Lessor on a monthly basis due by the 15" day of each month. Any and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee. 4. Leasehold Excise Tax. Lessee shall pay any leasehold excise tax due pursuant to RCW 82.29A to Lessorby the 15 th of each month at the rat of 12.84% of renta amount. The Leasehold Excise tax shall be paid in addition to the monthly rental payment. If the State of Washington changes the leasehold excise tax and another jurisdiction also imposes this tax, the tax payable by the Lessee shall be correspondingly modified in compliance with RCW 82.29/t. 5. Use of Premises by Lessee. Lessee shall have exclusive use of the Premises for payment collection and shall provide their own personnel to staff the Premises between 8:30 a.m. and 4:30 p.m. Monday through Friday. Lessee's personnel at the Premises shall provide customer service at a level satisfactory to the Lessor. Lessor reserves the right to irnrnediately terminate this lease agreement should the Lessee's customer service levels fail to meet the standards set by Lessor. 6. Utilities, Equipment and Services. Lessee shall provide daily armored car service, Monday through Friday, to transport deposits from the Premises. Lessee shall provide any equipment necessary for the prescribed use of the Premises, included but not limited to computers, fax/copy machines and telephones. Lessee shall be responsible for setting up and maintaining their own telephone and ioternotconnections. 7. Signage. Lessee shall provide, at their own expense, signage to be placed at the Premises; all signage shall be pre-approved by Lessor before being posted on the Premises. O. Assignment and Subletting. Lessee shall not assign this lease or subiet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. 9. Indemnification and Hold Harmless. Lessee shall indemnify, defen and hold harmless Lessor, its officers, agents and employees, from and against auyuudo|iolaiom,losscmorliabUdv, including attorneys' fees, arising from injury or death to persons or damage to property CA: 2012 Page 1 of 3 City vt �=u � Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: occasioned by any act, ornission or failure of Lessee, its officers, agents and employees, in g the work required by this Agreement. With respect to the performance of this Agreement as to claims against Loxunz, its officers, agents and employees, Lessee expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for i jorics to its employees, and agrees that the obligation to indenunifv, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee or Lessee. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damages resulting from the sole negligence of the Lessor, its agents or employees. To the extent that any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of Lessor, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Lessee, its officers, agents and employees. 10. Insurance. Lessee shall procure and maintain in full force throughout the duration of the Agreement Commercial General Liability insurance with limits no less than S1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-cornpleted operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal i jury and advertising i jury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Pr jcct Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Cornpleted Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Lessor. Cancellation of the required insurance shall autornatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to Lessor within fifteen (15) days of execution of this Agreement. 11. Holding Over. Any holding over on the Premises after the termination of the term of this lease shall be construed to be a tenancy from month-to-month with the same valuable consideration for rent being provided on a pro rata basis per month. Such holding over shall otherwise be on all the terms and conditions of this Lease Agreement. 12. Notices. Notices to Lessor shall be sent to the foliowing address: City of Tukwila Attention: City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 CA: 2012 Page 2 of 3 14 City of w�x� x**kwx"a 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: Notices to Lessee shall be sent to the following address: Alliance One Receivables, Inc. Tricia Purcell, Client Service Manager 6565 Kimball Drive, Suite 200 PO Box 2449 Gig Harbor WA 98335 B. Effect of Invalidity. If any provision of this Lease Agreement or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease Agreement shall be valid and enforced to the fullest extent permitted by law. 14. Entire Agreement — Amendments. This printed Lease Agreement together with all exhibits expressly inc herein by reference and attached hereto shaU constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Except as otherwise provided, no modification or amendment of this Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 15. Termination. Lessor or Lessee may terminate this lease at any time on or before the expiration nf the lease term upon thirty (30) days prior written notice to the other party. 16. Applicable Law — Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding s instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. DATED this day of February, 20l3 CITY OF TUKWILA ALLIANCE ONE RECEIVABLES, INC. Jim Haggerton, ayor Tricia Purcell, Client Service Manager ATTEST/AUTHENTICATED APPROVED AS TO FORM City Clerk City Attorney CA: 2012 Page 3 of 3 16 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: January 14, 2013 SUBJECT: To Amend City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," and Repeal Ordinance No. 2313 Section 1 as it Relates to Water Bill Leak Adjustments and Ordinance No. 2314 Section 3 as it Relates to Sewer Bill Leak Adjustments ISSUE Amend Administrative Policy No. 300 -14, "Utility Leak Adjustment policy," and repeal ordinance No. 2313 Section 1 as it relates to water bill leak adjustments and Ordinance No. 2314 Section 3 as it relates to sewer bill leak adjustments removing these policies from Tukwila Municipal Code. BACKGROUND The City established the Utility Leak Adjustment Policy in October 2009, City Administrative Policy No. 300 -14. This policy was also incorporated in Ordinance Nos. 2313 and 2314, passed by the City Council on 10/15/2010. After three years of utilizing this policy, it has become necessary to clarify certain sections of the policy, update language in several sections and repeal certain sections of Ordinance Nos. 2313 and 2314. The notable changes include adding the definition of a leak, time limit to apply for relief, change in calculation of adjustments, new dollar adjustment limit, and removing the Utilities Committee as the appellate body. Additionally, administrative policies are operational in nature, and not usually adopted via ordinance. Previous Council adoption of the leak . policy is not similar to how other administrative policies are adopted. DISCUSSION There are various issues that have been considered in making the proposed changes to the Policy. The proposed changes are detailed as follows: • A leak is defined as a broken water pipe on the service line between the City's meter and the structure. This will exclude broken hot water tanks, running toilets, broken faucets, and broken hose bibs. This gives a clearer definition of what types of Teaks are eligible for adjustment, and puts the onus on the owner to maintain the property. • The Leak Adjustment request form must be submitted to the Finance Department within 90 days of the billing month in which the leak occurs. A time frame is not addressed in the current Policy. The intent is to encourage the owner to address water leaks in a timely manner. 17 18 INFORMATIONAL MEMO Page 2 • Change the current Policy from one leak adjustment per 12 month period to a maximum of one adjustment every 36 months. This will encourage the owner to have a more permanent fix to the service line rather than a "Band -Aid" approach. • The water portion of the adjustment calculation will be changed from a 100% adjustment for consumption due to leakage to 50 %. This allows the City to recapture approximately the cost of the water purchased from Seattle via the Cascade Water Alliance. • Change the total water /sewer adjustment limit from $5,000.00 to $800.00. This will limit the financial impact on the Water and Sewer fund. • Delete the language in the Policy which references any disputed adjustment amounts having the appeal process officially reviewed by the Utilities Committee. Any written appeal for review will remain with the Finance Director. This will expedite the resolution of the appeal. One final change to the policy is to repeal certain parts of Ordinance Nos. 2313 and 2314 which established it in sections 14.04.245 "Water Bill Leak Adjustments" and 14.16.055 "Sewer Bill leak Adjustments ". It has been determined that this policy is administrative in nature; similar to other financial policies that document procedures handling billing disputes, late fees, and other administrative adjustments to customer accounts. While the objective is to streamline the dispute process by keeping the adjustment and appeal process within the Finance Department, property owners and their agents always have the ability to comment to City Administrator, Mayor, or City Council, if they desire. The section in Ordinance No. 2313 to be repealed can be found on page 6 of the ordinance and the section in Ordinance No. 2314 to be repealed can be found on page 9 of the ordinance. FINANCIAL IMPACT The financial impact to the City will be a slight increase in revenue in both the water and sewer funds. It is anticipated that total refunds would decrease between $5,000 and $10,000 annually. RECOMMENDATION Council is being asked to repeal Ordinance No. 2313 Section 1 as it relates to water bill leak adjustments and Ordinance No. 2314 Section 3 as it relates to sewer bill leak adjustments. This item is scheduled for the January 28, 2013 Committee of the Whole, and February 4, 2013 Regular Council Meeting. ATTACHMENTS Draft Ordinance Current Utility Leak Adjustment Policy No. 300 -14 with changes tracked Ordinance No. 2313 Ordinance No. 2314 W:12013 Info Memos- CouncillLeak Adjustment Policy.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2313, §1 (PART), AS CODIFIED AT TMC SECTION 14.04.245; ORDINANCE NO. 2314, §3 (PART), AS CODIFIED AT TMC SECTION 14.16.055; AND THE REMAINING SECTIONS OF ORDINANCE NO. 2252 ( §3 AND §4) RELATING TO THE CITY'S UTILITY LEAK ADJUSTMENT POLICY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance Nos. 2313 and 2314 set forth a procedure for approval, calculation, and adjustment of water, sewer, and sewage treatment charges where excessive water consumption can be attributed to a water leak; and WHEREAS, Ordinance Nos. 2313 and 2314 require that amendments to the leak adjustment policy be approved by the Finance & Safety Committee; and WHEREAS, this process is in conflict with the regular and usual practice of the City Council to set policies as the entire Council; and WHEREAS, it has been determined that the leak adjustment policy is strictly administrative in nature and those above - referenced sections of Ordinance Nos. 2313 and 2314 should be repealed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2313 §1 (part), as codified at TMC Section 14.04.245, "Water Bill Leak Adjustments;" and Ordinance No. 2314, §3 (part), as codified at TMC Section 14.16.055, "Sewer Bill Leak Adjustments;" are hereby repealed. As the remaining sections of Ordinance No. 2252 ( §3 and §4) are no longer applicable, they are also repealed, thereby completing the repeal of Ordinance No. 2252 in its entirety. W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs Page 1 of 2 19 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs 20 Page 2 of 2 CITY OF TUKWILA ADMINISTRATIVE MANUAL Index: 300-14 Page 1 of 2 TITLE: UTILITY LEAK ADJUSTMENT POLICY PURPOSE: To provide a procedure for approval, calculation and adjustment of water, sewer and sewage treatment charges (Single Family & Non-single family account classifications) where excessive water consumption can be attributed to a water leak. ORGANIZATION AFFECTED: REFERENCES: POLICY: 1. The property owner, or their agent, must request the adjustment in writing by completing a request form located at the Finance Department in City Hall or on the City's website. This request form must be submitted to the Finance Department within 90 days of the billing month in which the leak occurred in order to receive any adjustment. A leak is defined as a broken water pipe on the service line between the City's meter and the structure. Required information shall include: a. Name, service address where leak occurred and account number b. Description of leak and date repaired c. Copy of repair bill or materials receipts d. Signature of property owner or their agent 2. Upon receipt of the completed request form, a representative of the City Public Works department will confirm, through visual inspection, that the leak has been repaired. 3 Following confirmation of repair, Finance personnel will adjust no more than two billing cycles (2 months). Single-family account types will have water only adjusted. Non-single family account types, where the customer's sewer bill is based on the water consumption, will be allowed an adjustment to the water, City sewer and Metro sewer sewage treatment charge, provided it can be confirmed to the satisfaction of the Finance Utilities Supervisor that the additional water volume was due to the leak and did not enter the sanitary sewer system. 4. The consumption used to determine the leak adjustment amount will be the actual consumption from the same billing cycle of the previous year except for situations described in number 5. 5. For property owners who have been owners for less than one year, or in situations where the current tenant did not occupy the same space in the previous year, the consumption used to determine the leak adjustment amount will be one of the following: a. An average of the water consumption in the three-complete billing cycles immediately preceding the bill cycle in which the leak began. b. In the absence of three complete prior billing cycles, water consumption after the leak repair is complete can be used to estimate consumption during the leak period. 21 22 TITLE: UTILITY LEAK ADJUSTMENT POLICY Index: 300 -14 Page 2 of 2 6. One leak adjustment per 4-236 —month period per 7. The leak adjustment calculation will be as follows: a. For water, 50% of the excess consumption b. For sewer, 100% of the excess consumption types only. c. For sewage treatment, 100% of the excess commercial/industrial account types. d. The maximum adjustment given by the calculations outlined in 7a through 7c shall 8. Property owners will be eligible for a leak adjustment - - - is account for all for consumption City, be $800.00. than .... will be authorized. account types. commercial/industrial account for both multi - family and regardless of the results of the if the total dollar amount of the X00 $30.00 but (or $25.00 for a adjustment : .. . ..- : greater - •• - meter. :. . . . . . .. limited $5,000.00 800.00. for water Adjustments are to no more than any combination the type customer. of amount armor sewer charges, regardless of of 9. Leak adjustments shall have the following required approvals: a. $500.00 or less — Finance Utilities Supervisor b. Greater than $500.00 and up to $5,000.00 $800.00 — Finance Director 10. If disputes the decision by the City in which the disputed the property owner made - ..I. - - . Director for the by the City Council Utilities an administrative review of adjustment Committee. Recommendations for leak by Utilities Committee will be adjustments made full City Council for final Such submitted to the consideration and approval. request should identify describe the leak the basis for the request for an the property, and repair, and state The Finance Director the written request for administrative review. must receive 15 days from the date the City the to the administrative review within posted adjustment Pending the decision this the account. on review, customer who requests such review must to the disputed billed the decision the Finance continue pay charge as until written of Director is A decision be provided. of such an administrative review will provided within 30 days the for Upon the of receipt of written request administrative review. written decision the Finance Director, if has been incorrectly the of an account charged, account be to billings during the will adjusted accordingly cover all occurring administrative review billings that the date the for in and all preceded of receipt City of written request review, accordance with policy. Title: UTILITY LEAK ADJUSTMENT POLICY Initiating Department: Finance Effective Date: ?/ ?/2012 Supersedes: 10/05/2009 Mayor's Office Approval Signature: 22 City of Tukwila Washington Ordinance No. a3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the water utility; and WHEREAS, the City Council desires to continue the pass - through rate increases received from the City's water supplier; and WHEREAS, the City needs additional revenues to adequately fund the Capital Improvement Program for the water utility; and WHEREAS, the administrative cost of servicing the water utility accounts increase annually; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. "Water Management Fees and Regulations," to be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to read as follows: 14.04.010 Definitions. A. "Director," wherever used in TMC Title 14, means the Director of Public Works or his or her designee. B. "Department," wherever used in TMC Title 14, means the Department of Public Works. C. "Person," wherever used in TMC Title 14, means and includes natural persons of either sex, associations, partnerships, or corporations, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine. 14.04.020 Application to Connect Required. Any person desiring to be connected with the City water supply system shall make application therefor to the Department. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the property where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the property to be served or his duly authorized agent. 14.04.030 Contents of Application. The application provided for in Section 14.04.020 shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided; to change the rates at any time by ordinance; to temporarily discontinue the service at any time without notice to W: Word Processing \ Ordinances \Water Regulations Page 1 of 9 GL:mrh 23 the consumer; and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the City relating to the subject hereafter passed; and shall provide that the City shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances in the property supplied with water, installed by the owner or occupant of said property; and shall provide that in case the supply of water shall be interrupted or fail by any reason, the City shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. 14.04.040 Effective Date of Contracts. All contracts shall take effect from the day they are signed and rates shall be charged from the day the property is connected with the City water supply. 14.04.050 Connection Procedure. Upon the presentation to the Director of the receipt for the installation fees, the Director shall cause the property described in the application to be connected with the City's water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. 14.04.060 Installation and Apparatus Standards and Specifications. The current requirements of the Tukwila Municipal Code, the Tukwila Public Works Department, the Tukwila Fire Department, the Rules and Regulations of the Washington State Department of Health, the Uniform Plumbing Code, American Water Works Association Standards, and the American Public Works Association Standards shall be met and apply to any and all water main installations, extensions, service connection, irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main connections, and branches hereinafter installed in the City. Detailed criteria and permit requirements are available through the City of Tukwila Infrastructure and Development Standards. 14.04.070 Connection Installation Fees. The water meter shall be installed by the City water utility. The water meter installation fee shall be payable at the time of application for connection. Whenever the fee is not sufficient to cover the total expense for labor, materials, and overhead, the deficit shall be charged to the property for which installation was made and to the owner thereof. Any excess payment shall be returned to the person applying for the installation. 14.04.071 Regular Connection Charge. In order that property owners shall bear their equitable share of the cost of the City's entire water system, the property owner seeking connection to the water system of the City shall pay, prior to connection to a City water system, a regular water meter installation charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.072 Special Connection Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071, a special connection charge shall be paid by the owners of properties that have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system. The special connection charge shall be computed as provided in TMC Section 14.04.074 in the absence of latecomers' agreements, Local Improvement Districts, or special assessment ordinances. 14.04.074 Computation of Special Connection Charge. A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040. B. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the W: Word Processing \ Ordinances \Water Regulations Page 2 of 9 GL:mrh 24 assessment against such property and such amount shall be paid from the water fund to such Local Improvement District fund. 14.04.076 Regional Capital Facilities Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071 and any special connection charges under TMC Section 14.04.072, a regional system growth fee known as the Regional Capital Facilities Charge (RCFC) shall be paid for all new residential, multi - family housing, or commercial service connections on or after January 1, 2003, for regional capital costs associated with new supply and transmission of water. Property owners shall pay the RCFC prior to permit issuance for connection to a City water system. The fee for this expense shall be established by the Cascade Water Alliance and passed through without additional markup. 14.04.080 Connection Notification. Whenever the owner or occupant of any property connected with the City water supply system desires to use the water, he shall notify the Director and request that the water be turned on to the property. The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. 14.04.090 Connection to Water Main. All water used for any purpose other than fire protection service shall be supplied through a meter. Every house or building supplied by City water must install its own separate service connection with the City main, and the house or building so supplied will not be allowed to supply water to others, except temporarily where there are no mains in the street. When a new main is laid in any street, owners of property on the street who are being supplied with City water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the property. 14.04.110 Change in Size or Location of Connection. A change in the size or location of a service connection shall be paid for by the owner on the basis of the cost of materials and labor involved in making said change, plus administrative overhead. 14.04.120 Application to Discontinue Water - Fee to Turn Water Meter On. Whenever any water customer desires to discontinue the use of water for a period of not less than one month, he shall make written application to have the water turned off and pay all arrears in full. A charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council will be assessed to turn water on. No reduction of rates will be made for less than one month, or without the application prescribed in this section. Work performed outside of normal working hours, due to customer request, will receive an additional charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council 14.04.122 Special Meter Read. Whenever a water customer desires to have the water meter read outside the water department's normal meter reading schedule, a written application shall be submitted specifying the requested read date. A fee will be charged for this meter reading service in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings. A. When water service customers are 60 days in arrears, a shut -off notice shall be mailed or posted. There shall be a service charge on water accounts for all shut -off notices in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. This fee will be applied first before regular service charges are credited. B. All monies in arrears, which is defined as the amount owing eleven days after the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off, arrangements for payment may be made with the Finance Director. C. When water is used after the meter has been turned off and locked for non- payment, an unauthorized water turn -on fee will be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. W: Word Processing \ Ordinances \Water Regulations Page 3 of 9 GL:mrh 25 14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by the City for any cause and is turned on again or allowed or caused to be turned on by the owner without written application, no remission of rates will be made on account of its having been shut off, and the Director may then shut off the water at the main or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property 14.04.150 Water Utility Billing. All accounts for water shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant and /or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.160 Chapter Compliance Required. It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions, or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be connected with the City water system, except in compliance with this chapter. 14.04.165 Water Shortage Response Plan. A water shortage response plan is required by the wholesale water supplier, the Cascade Water Alliance, and by the public welfare to effect conservation of water during water emergencies. A water shortage response plan for the Tukwila water system, as required by WAC 246 - 290 -42, shall be updated by the Council as required. 14.04.170 Emergency Change in Water Use. A. Upon finding that an emergency situation exists, the Director shall: 1. Immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions. 2. Immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof. 3. Implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted in TMC Section 14.04.165. B. The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial and commercial users who purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the washing of cars, driveways or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. 14.04.175 Violations. A. The Director shall be authorized to impose sanctions and /or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council and /or disconnecting water service to said customers. B. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or Director in the Mayor's absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer. W: Word Processing \ Ordinances \Water Regulations Page 4 of 9 GL:mrh 26 14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person willfully to place any automatic sprinkling device in a wasteful manner or willfully to place or to hold any hose in such position or manner that water falls on any person while on any public street or sidewalk. 14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision of TMC Section 14.04.180, the City shall shut off the water furnished to the property upon which such violation is made, and shall charge a fee for turning on the water in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.200 City Control of Water Use. The City reserves the right in case of a shortage of water from any cause to make an order forbidding or suspending the use of water for sprinkler or irrigation, or to fix the hours during which the same may be done, by proper notice. Any person violating such order shall have his water shut off by the City and shall pay a fee for having the water turned on again as in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the City, unless for the protection of property; and all irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not begin again until the fire is extinguished. 14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the City shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water. 14.04.230 Meter Ownership and Maintenance. All meters on services of consumers shall be and remain the property of the City. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, and in the case of nonpayment, the water shall be shut off and will not be turned on until such fee and the charge for turning on the water are paid. In event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Director on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. 14.04.240 Rates for Metered Water. A. The rates for metered water supplied within the City for commercial/ industrial customers, in one -month increments or any fractional part thereof, shall be in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Single - family customers (one dwelling unit): Each single - family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. C. Multi- family customers (more than one dwelling unit): Each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of all water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance W: Word Processing \ Ordinances \ Water Regulations Page 5 of 9 GL:mrh 27 Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. E. Tukwila's current fee schedule will be reviewed annually and at such time the City may amend the water rates to reflect the City's increased costs. 14:04 :245 Water: Bill Leak Adjustments. City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter by reference as if fully set forth herein. The Finance Director is required to maintain the administrative leak adjustment policy. Changes to the policy require approval of the City Council Finance and Safety Committee. 14.04.250 Fire Protection. A. Any service connection to the main for a fire sprinkler system shall be approved in advance by the City, and shall be installed at the expense of the owner, and fitted only with such fixtures as are needed for fire protection and must be entirely disconnected from those used for other purposes. B. Any service connection other than fire sprinkler installed on private property for fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire protection, shall be approved in advance by the City. C. It is unlawful for any person to fail, neglect or refuse to give the Director or his duly authorized representative free access at all reasonable hours to all parts of premises supplied with water from the City mains for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water being used and the manner in which it is used. D. The rates for water supplied for fire protection purposes exclusively shall be deemed service charges and shall be, for any one month or fractional part thereof, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council, E. Water used for any other purpose than for fire protection service shall be deemed as theft and the owner will be made liable for the cost of water used and a meter shall be required on any fire protection service connection. 14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not within the City limits shall be as follows: The same rate schedule as provided in TMC Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the City limits are subject to the same rates to consumers inside the City limits, provided that nothing in this section shall prevent the City Council from fixing other and different rates for the sale of water to water districts, provided that all meters for measuring water to outside consumers are installed within the City limits or within the limits of easements, franchises, or rights -of -way belonging to the City. 14.04.270 Payment of Charges - Delinquency. All water charges and related fees shall be due and payable on the first day of each and every month for the water consumed and the services provided during the previous month and shall be paid to the Finance Department. In all cases when the water bill becomes delinquent, the Director may shut off the water and shall not turn it on again until all arrearages have been paid. All bills will become delinquent on the eleventh day of the month following the month that the water was consumed. Interest will be charged on delinquent balances 30 days in arrears in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a valid excuse for failure to pay fees when due. Change of ownership of property and change in mailing address must be filed in writing with the Finance Director. W: Word Processing \ Ordinances \ Water Regulations - Page 6 of 9 GL:mrh 28 14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for any person to bathe in or to throw any substance into any reservoir, water tank, or impounding dams of the City water system. 14.04.300 Connection Without Permission. It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system or to open or to close any valves in the system without first obtaining permission from the Director. 14.04.310 Supervisor Authority - Appeal to Council. The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. 14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the Tukwila water department a monthly fee for water furnished to each fire hydrant in the City in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.330 Temporary Water Meters. A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D. Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair. Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: 1. Water Department is notified in advance of proposed relocation; 2. Hydrant wrenches are used in making all connections and disconnections. F. Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial /Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. Section 2. New Regulations Established. Provisions for "Backflow Prevention Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby established to read as follows: 14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public water system from contamination due to backflow through cross - connections, and eliminate or control cross - connections between the public water system and any private water supply. 14.06.020 Authority. A. The Public Works Director, or his or her designee, shall administer this chapter. The Director's authority includes the establishment of regulations and procedures, enforcement, and implementation of measures necessary to carry out the intent of this chapter. B. The Director promulgates and implements the City's policy on cross - connection control for the operation of the Cross - Connection Control Program. The Cross - Connection Control Program policy shall be enforced under the requirements of this Chapter. W: Word Processing \ Ordinances \ Water Regulations Page 7 of 9 GL:mrh 29 14.06.030 Definitions. A. "Backflow" means undesirable reversal of flow of water or other substances through a cross - connection into the public water system or customer's potable water system. B. "Approved backflow prevention assembly" means a Reduced Pressure Principle Assembly (RPPA), Reduced Pressure Detector Assembly (RPDA), Double Check Valve Assembly (DCVA), Double Check Detector Assembly (DCDA), Pressure Vacuum Breaker Assembly (PVBA), or a Spill- Resistant Vacuum Breaker Assembly (SVBA) that is approved by the Washington State Department of Health (DOH). Assemblies that will be approved will appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross - Connection Control and Hydraulic Research or other entity acceptable to the DOH. C. "Cross- connection" means any physical connection whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. 14.06.040 Cross - Connections Declared Unlawful. The installation or maintenance of a cross - connection, which in the opinion of the Director, or his or her designee, will endanger the water quality of the potable water supply of the City, is unlawful. 14.06.050 Approved Backflow Prevention Assemblies. Approved backflow prevention assemblies, when required to be installed in the opinion of the Public Works Director, or his or her designee, shall be installed and maintained by the service customer on any service connection to the City's water supply system where said approved backflow prevention assemblies are necessary for the protection of the City's water supply. 14.06.060 Regulation of Private Water Supplies. Use or operation of a private water supply system, contrary to the provisions of the ordinances of the City, or the laws of the State, or the rules and regulations of the DOH regarding public water supplies where said private system is served by the City public water supply, is unlawful. 14.06.070 Adoption of State Regulations. DOH rules and regulations regarding public water supplies, entitled "Cross- Connection Control Regulation in Washington State" codified at WAC 246 - 290 -490, and the American Water Works Association, Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in Cross - Connection Manual" as they presently exist or are hereafter amended, are adopted by this reference as if set forth in full and are on file in the office of the City Clerk. 14.06.080 Abatement of Unlawful Cross - Connections and Installation of Approved Backflow Prevention Assemblies - Procedure. Cross - connections declared in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter installed, and /or services requiring backflow prevention assemblies and /or unlawful use or operation of a private water supply system served by the City public water supply system are public nuisances, and in addition to any other provisions of this code or the ordinances of the City where abatement of public nuisances shall be subject to abatement in accordance with the following procedure: 1. In the event that the Public Works Director determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the City water department, or alternatively, a copy of such written notice shall be posted on the premises served. 2. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date said notice is mailed or posted on the premises. 3. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued. W: Word Processing \ Ordinances \ Water Regulations Page 8 of 9 GL:mrh 30 4. In the event that the nuisance, in the opinion of the Public Works Director, or his or her designee, presents an immediate danger of contamination to the public water supply, service from the City water supply system to the premises may be terminated without prior notice, provided, however, notice will be posted on the premises in the manner heretofore provided at the time said service is terminated. 14.06.090 Penalties. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of Chapter 8.45 ( "Enforcement "). Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part), 1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed. 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 and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this / 6 T" day of d V Q i i h F/ , 2010. ATTEST/ AUTHENTICATED: Christy O'FlaNerty, CMC, City Clerk agger 1f` ayor iled with the City Clerk: APPR• I ED AS t RM BY: Passed by the City Council: ) 5 --/ () Published: j )- /2 y Effective Date: Offi the C Att. ney Ordinance Number: pl j U W: Word Processing \ Ordinances \Water Regulations Page 9 of 9 GL:mrh 31 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2313 -2315. On November 15, 2010 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2313: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2314: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2315: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 5.04 "BUSINESS LICENSES AND REGULATIONS" TO UPDATE THE ISSUING DEPARTMENT AND TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 5.04, " BUSINESS LICENSE AND REGULATIONS, 5.16, "CARD AND POOL ROOMS," AND 5.40, "MASSAGE ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: November 18, 2010 32 City of Tukwila Washington Ordinance No. _ )1 f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the sewer utility; and WHEREAS, the City Council also desires to establish the appropriate fees for work requiring a permit and inspection; and WHEREAS, the City needs additional revenues to adequately fund the sewer utility and related capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 14.08, "Sewage Waste Disposal Systems ", hereby reads as follows: 14.08.010 County Ordinance Adopted. The regulations and provisions of Title 13 of the Board of Health of King County, Washington, entitled "Board of Health On -site Sewage Regulations" as they presently exist or are hereafter amended, are adopted by the reference as if set forth in full and are on file in the office of the City Clerk. Section 2. TMC Chapter 14.12 "Sewer Regulations," hereby reads as follows: 14.12.020 Definitions. See TMC Section 14.04.010. 14.12.030 Notice - Connection Requirements. The owner of each lot or parcel of real property within the area to be served by the sanitary sewage disposal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within 30 days after the publication in a newspaper of general circulation within the City of a notice signed by the Mayor and City Clerk, for connections to be made therewith, cause a connection to be made between the said sewage system and each such building or structure; provided that where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth, and all such buildings may be served by one sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within 250 feet of a sanitary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Director, and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids shall be connected with said sanitary sewage system; provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy. W. Word Processing \ Ordinances \Sewer Regulations Page 1 of 11 GL:mrh 33 14.12.040 Penalty for Late Connection - Payment. If any connection shall not be made within the time herein provided, the Director or such other employee of the City as the Mayor or City Council designate is hereby authorized and directed to cause the same to be made and to file a statement of the costs thereof with the City Clerk; and thereupon a warrant shall be issued under the direction of the City Council against the sewer fund for the payment of such cost. Such amount, together with a penalty of 10 %, plus interest at the rate of 8% per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary sewer service charges. The total amount when collected shall be paid into the sewer fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Director or such other employee of the City as the Mayor and City Council may hereinafter designate, shall certify to the City Clerk that the connection has not been made, and the City Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in TMC Chapter 14.12 shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the connection. 14.12.050 Permit Required. It is unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Director. 14.12.060 Sanitary Side Sewer Installation Permit Required. It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. 14.12.070 Obtaining Permit to Install Sanitary Side Sewer. In order to obtain the permit provided for in TMC Section 14.12.060, the owner shall file an application therefor with the Department pursuant to TMC Section 18.104.060, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises, and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Department for approval, and Director may change or modify the same and designate the manner in which the connecting sanitary sewers shall be connected with the building, the place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. The owner shall further provide an expressed written consent to the Department to enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the Department shall issue a permit to the owner to construct that portion of sanitary side sewer within the owner's property, and shall also issue a work order to the street department to install sanitary side sewer from sanitary sewer main to property line; and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12. 14.12.080 Issuance of Temporary Permit. At the discretion of the Department, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer. The temporary permit shall be revocable upon 60 days' notice posted on the premises directed to the owner or occupant of the premises, and in the event that the private sanitary sewers are not disconnected at the expiration of the notice, the Department of Public Works may disconnect the same and collect the cost of the disconnection from the owner or occupant of the premises by suit W: Word Processing \ Ordinances \Sewer Regulations Page 2 of 11 GL:mrh 34 in any court of competent jurisdiction. Any such temporary permit shall be granted only on the condition that the permittee will save the City harmless from any damage by reason of the issuance or revocation of the temporary permit. 14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Property. A. It is unlawful for any person to construct, extend, relay, or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the location thereof, as provided in TMC Section 14.12.050. B. The Department may issue the permit to the owner or agent of any property to construct, extend, relay, or make connections to a lateral or private sanitary sewer inside of property line provided that such owner or agent shall comply with the applicable provisions of TMC Chapter 14.12. 14.12.100 Additional Work Permit. When a permit has been issued for a private sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be put in without the approval of the Department, and a new permit must be taken out covering all such additional work. 14.12.110 New Permit Fee. In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. 14.12.120 Time Limit. No permit issued under the provisions of TMC Chapter 14.12 shall be valid for a longer period than that specified in the permit, but the same may be renewed or extended at the reasonable discretion of the Director upon application therefor prior to the expiration of the time originally limited in the permit. 14.12.130 Display of Permit. The permit from the Department required under the terms of TMC Chapter 14.12 must, at alI times during the performance of the work and until the completion thereof, be posted in some conspicuous place at or near the work. 14.12.140 Work Without a Permit. It shall be the duty of any police officer, in case he finds any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from the Department to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the Director. 14.12.150 Description of Sanitary Side Sewers. All sanitary side sewers shall be laid on not less than 2% grade, nor more than two vertical to one foot horizontal; shall not be less than 30 inches from any building; shall have not less than 12 inches of cover inside the property line; and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains, shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the City Clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street, and written permission from the owner or owners of the premises served by such sanitary side sewer has been filed with the Director. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the Director may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. 14.12.170 Call for Inspection. Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the W: Word Processing \ Ordinances \Sewer Regulations Page 3 of 11 GL:mrh 35 premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection; and a copy of such notice shall be kept on file in the office of the Director. 14.12.180 Inspection Before Trenches Filled. No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of TMC Chapter 14.12. 14.12.190 Inspector's Right of Entry. For the purpose of examining any or all private sanitary sewers or drains and of ascertaining whether the provisions of TMC Chapter 14.12 are being complied with, the Director or his duly authorized representatives or agents shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reasonable times have the right to enter and inspect such buildings; and it is unlawful for any person to prevent or attempt to prevent any entrance or inspection, or to obstruct or interfere with any such officer while engaged in such an inspection. 14.12.210 Improper Work - Completion by City. If any work done in pursuance of a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed in accordance with the provisions of TMC Chapter 14.12 and the plans and specifications as approved by the Director, and if the contractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being done, as provided in TMC Chapter 14.12; and the Director shall cause the work to be completed and the sewer connected in the proper manner, and the full cost of the work and any materials necessary therefor shall be charged and become a lien against the property, and shall be collected in the manner provided in TMC Chapter 14.12. 14.12.220 Obstructed or Broken Sewer Repair. Whenever any private sewer connected with any public sanitary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of the premises fails to repair the same after five days when notified to do so by the Director, the Director is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of the premises; and when two or more houses or buildings are connected with the same private sanitary sewer, the owners, agents or occupants shall be jointly and equally liable for any work done by the City supervisor under TMC Section 14.12.220. 14.12.230 Injury to Public Sewers and Drains. It is unlawful for any person to injure, break, remove or alter any portion of any manhole, clean -out, flush tank, or any part of the public sanitary sewers or drains of the City. 14.12.240 Depositing Rubbish in Public Sewers and Drains. It is unlawful for any person to deposit in any manhole, clean -out, flush tank, sanitary sewer opening, drain, ditch, or natural water course any garbage, rubbish, dead animals or any substance that will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. 14.12.250 Exhaust Steam and Hot Water. No steam exhaust or blow -off, or any heated water higher than 150° Fahrenheit shall be discharged into a sanitary sewer. 14.12.260 Unlawful Discharge of Prohibited Foreign Substance into Public Sewer. A. It is unlawful to discharge or cause to be discharged into any sewer any waste which may have an adverse or harmful effect on the sanitary sewer system, public treatment works, its personnel or equipment. None of the following waters or wastes shall be discharged into the public sanitary sewer: W: Word Processing \ Ordinances \Sewer Regulations Page 4 of 11 GL:mrh 36 1. Polar and non -polar fats, oils, or grease (FOG) in amounts that exceed King County wastewater division standards or cause a visible sheen on the discharge or in the public sewer system or build -up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system; 2. Any gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid, or gas; 3. Food waste or animal parts, including food - grinder waste, that cannot pass through a one - quarter inch sieve; 4. Any ashes, cinders, sand, gravel, mud, straw, grass, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works; 5. Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel; 6. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; 7. Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; 8. Any noxious or malodorous substance capable of creating a public nuisance. 14.12.263 Pretreatment Facilities. A. All such prohibited substances identified in TMC Section 14.12.260 shall be intercepted by an adequate and suitable separation device or interceptor, installed in such a manner that allows the safe and convenient removal of the waste product or other prohibited substances, materials or liquid as identified in TMC Section 14.12.260, which shall not flow or be discharged into the sanitary sewer system. All such interceptors shall be of design, construction and capacity as shall be approved by the City Engineer. The grease interceptor shall be adequately maintained and readily accessible for inspection by the City at any time to ensure its proper operation. B. Any violation of this section is subject to the terms specified in "Enforcement" as set forth in TMC 14.12.265. 14.12.265 Unlawful Discharge - Enforcement. All violations of TMC Section 14.12.260 shall be considered civil infractions, and are subject to the actions and penalties set forth in TMC Chapter 8.45. 14.12.270 Discharge of Surface or Subsurface Drainage. It is unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. 14.12.280 Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar, cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within 30 feet of any public or private sewer or drainpipe. The Director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs that extend into any public street, when said trees or the roots thereof are obstructing, or when he determines they are liable to obstruct, public or private sanitary sewers or drains; provided, however, that he shall give ten days notice in writing to the owner or occupant of the abutting property to remove the same; and if the owner or occupant fails refuses so to do so, the reasonable cost of removal when done by the Director shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Director is authorized and directed to collect such charge by suit maintained in the name of the City as plaintiff, against the owner, in any court of competent jurisdiction. W: Word Processing \ Ordinances \Sewer Regulations Page 5 of 11 CL:mrh 37 14.12.290 Non - compliance - Notice - Remedy. When any sanitary sewer is constructed, laid, connected or repaired, and does not comply with the provisions of TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition; and if he refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer within the time specified in such notice, the Director may perform such work as may be necessary to comply with TMC Chapter 14.12, and the cost of such work as done by the Director shall be assessed against the property or collected from the person responsible for the condition, and the amount thereof shall become a lien upon the property, and the City Attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of the property, or other person responsible for such condition, which suit shall be maintained in the name of the City as plaintiff, in any court of competent jurisdiction. 14.12.300 Regulation Authority. The Director may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of TMC Chapter 14.12. 14.12.310 Lien - Collection - Notice. A. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the City under the terms and provisions of TMC Chapter 14.12, the manner and method of collecting said amounts shall be substantially as follows: The owner or agent of the property shall be given a notice in writing by the Department that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form: "To , Owner, and , Agent, of that certain property described as Lot in Block Addition to the City of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within 10 days of the date of the service of this notice upon you, viz.: . And you are further notified that if you do not perform said work within said period of 10 days, then the City of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. The City Of Tukwila By: Director" B. A copy of this notice shall be posted upon the property affected, and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform the work within ten days, after the notice shall have been mailed and posted, then the work shall be done by the proper department of the City; and as soon as practicable after the work is performed, the owner or agent shall be notified in the same manner as provided in TMC Chapter 14.12, that the work has been done by the City, and of the amount of the charge for doing the work and shall require either to pay to the Finance Department said amount, within 30 days after the date of the posting and mailing of the notice, or to file with the City Council objections in writing against said charge. The form of notice just provided for shall be substantially as follows: "To , Owner, and , Agent, of that certain property described as Lot in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of , 20 , the City of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said W: Word Processing \ Ordinances \Sewer Regulations Page 6 of 11 GL:mrh 38 work is the sum of dollars. You are further notified that unless you pay said amount to the City Finance Department, or file objections against said amount within 30 days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will be collected by the City of Tukwila according to law. The City Of Tukwila By: Director" C. The City Council shall at its next regular meeting after the filing of any objections or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expiration of the 30 -day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which the work was performed, and the City Attorney is authorized to proceed to collect the amount in any lawful manner. Section 3. TMC Chapter 14.16, "Sewer Charges," hereby reads as follows: 14.16.010 Definitions A. "Commercial and industrial sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/ or dispensing of products or services, or otherwise catering to the public. B. "Dwelling unit" means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and /or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. C. "Multiple dwelling (permanent type) sewage service" means sewage collection and/ or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. D. "Multiple dwelling (transient type) sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building or space providing for human habitation on a transient basis. E. "Multiple tenant commercial and /or industrial unit sewage service" means sewage collection and/ or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. F. "Recipient of service" - All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drains and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. G. "Residential sewage service" means sewage collection and /or sewage disposal furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. I. "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right -of -way to the property line of the property to be served by the sewage collection and /or sewer disposal service. J. "School sewage service" means sewage collection and /or sewage disposal service furnished or available to the use of premises used for public and/ or private schools. W: Word Processing \ Ordinances \Sewer Regulations Page 7 of 11 GL:mrh 39 K. "Sewage collection system" means the collection and carrying of sewage through the City's system of sanitary sewers. L. "Sewage disposal service" means the disposition of sewage by purification in a sewage treatment plant. 14.16.020 Date of Commencement and Payment for Service Charges. Charges shall be made for all sewage collection service and/ or sewage disposal service furnished, or available for use, from November 30, 1961. All sewer charges and related fees shall be due and payable on the first day of each and every month for the sewer and services provided during the previous month and shall be paid to the Finance Department. All bills will become delinquent on the eleventh day of the following month. 14.16.030 Schedule of Charges. Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property and shall be as follows: 1. Residential Sewage Service (single dwelling unit) - A flat monthly rate for each single - family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately - billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that they are qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 2. Residential Sewage Service (multiple dwelling unit, permanent type) - A flat monthly rate for each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 3. School Sewage Service - The rate shall be the commercial /industrial sewage rate. 4. Commercial and Industrial Sewage Service - Each account will be charged a flat monthly rate in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet, in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 5. Payment of charges - Interest will be charged on delinquent balances 30 days in arrears in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. All balances will become delinquent on the eleventh day of the month following the month that the sewer service was provided. 14.16.040 Special Rates. A. Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/ or industrial recipient. B. For the properties complying with TMC Section 14.16.040, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a Local Improvement District or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. C. For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of TMC Section 14.16.040B, the charges for W: Word Processing \ Ordinances \Sewer Regulations Page 8 of 11 GL:mrh 40 sewer service shall be two times the amount chargeable under TMC Section 14.16.030, if the service was provided within the corporate limits of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. D. The connection of service outside the City limits shall be solely at the discretion of the City Council. 14.16.050 Responsibility of Owner to Pay. All accounts for sewer shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and /or third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 141600Sewer Bill Leak Adjustments. City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this Chapter by reference. The Finance Director is required to maintain the administrative Utility Leak Adjustment Policy. Changes to the Policy require approval of the City Council Finance and Safety Committee. 14.16.060 City/King County Agreement Charges. In addition to those charges set forth in TMC Section 14.16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila /King County agreement as adopted by Ordinance 461. King County in this context refers to King County Department of Natural Resources and Parks, Wastewater Treatment Division. 14.16.065 City/King County Wastewater Treatment Rate A. Regular Rate: The City /King County charges as provided in TMC Section 14.16.060 and as required by the Agreement for Sewage Disposal between King County and the City of Tukwila is set at the most current King County rate per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between King County and the City of Tukwila. B. Reduced Rate. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City /King County charge. Every such person shall file with the Finance Department their affidavit that they are qualified to receive the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 14.16.070 Regular Connection Charge. In addition to the permit fees required by TMC Chapter 14.16, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.16.072 Special Connection Charge - Payment. In addition to the regular connection charge imposed under TMC Section 14.16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City sewer and shall be in an amount to be computed under TMC Section 14.16.074. W: Word Processing \ Ordinances \Sewer Regulations Page 9 of 11 GL:mrh 41 14.16.074 Special Connection Charge - Computation. The special connection charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be computed as follows: 1. For lateral sewers - The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35.44.030 and 35.44.040 for determining "assessable units of frontage" shall be multiplied by the average five -year local improvement assessment per unit of frontage for lateral sewers for the five -year period in which the property to be connected was constructed and accepted as completed, as follows: Year 1955 -59 1960 -64 1965 -69 1970 Sewer $5.26 $8.11 $10.97 $12.00 Rate The lateral sewer charge shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City. The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over -sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over - sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City. 2. For trunk sewers - The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers for the five -year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows: Year 1955 -59 1960 -64 1965 -69 1970 Sewer Rate per Sq. Ft. .0160 .0195 .0200 .0200 Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City's sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the Director with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. 14.16.076 Special Connection Charge - Inclusion of Property in Local Improvement District - Credit. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the sewer fund to such Local Improvement District fund. 14.16.078 Side Sewer Stub Installation. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer. Any property served by the sewer stub connection that has been installed, but which was never assessed nor paid for, shall pay the charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council prior to connection to or for the stub. W: Word Processing \ Ordinances \Sewer Regulations Page 10 of 11 GL mrh 42 14.16.080 Conformance to Comprehensive Sewage Plan - Lateral and Trunk Sewer Dedication. No sewer shall be connected to the City system that does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City. 14.16.090 Lien for Unpaid Charges. The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid sewer costs shall be included in the charges to be paid. The City shall and is required to enforce said liens and foreclose the same in the manner provided by law. 14.16.100 Police Power. It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an exercise by the police power of the City. 14.16.110 Penalty for Violation. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.16, shall be subject to the terms and conditions of TMC Chapter 8.45 ( "Enforcement "). Section 5. Repealer. Ordinance Nos. 342; 578 (part); 599 §1; 941 §1; 1714 §1 (part); 1770 §7, §8, §9, and §10; 1838 §11; 2026 §1, §2 and §3; 2138 §1; 2212 §1; 2243 §1, and §2; 2252 §2; are hereby repealed. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force January 1, 2011 and will include consumption used for the January 31, 2011 Sewer /King County billing calculations. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /S1.4 day of IV f1 UQM bP r , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: iced with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \ Ordinances \Sewer Regulations Page 11 of 11 GLmrh 43 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2313 -2315. On November 15, 2010 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2313: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2314: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2315: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 5.04 "BUSINESS LICENSES AND REGULATIONS" TO UPDATE THE ISSUING DEPARTMENT AND TO CLARIFY PROCEDURES FOR DENIAL OR REVOCATION; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 5.04, " BUSINESS LICENSE AND REGULATIONS, 5.16, "CARD AND POOL ROOMS," AND 5.40, "MASSAGE ESTABLISHMENTS "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: November 18, 2010 44 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director DATE: January 16, 2013 SUBJECT: Finance and Safety Committee Preliminary Tentative 2013 Agenda ISSUE Review the topics listed on the preliminary tentative 2013 Committee agenda. BACKGROUND A schedule of tentative agenda items has been developed to -- 1. inform the Committee of topics under consideration for 2013, 2. to ensure time sensitive issues come before the Committee in a timely manner, and 3. to distribute the agenda items among the meetings to achieve a balance whenever possible. FINANCIAL IMPACT None. DISCUSSION The preliminary tentative 2013 agenda submitted with this memorandum is preliminary and contains input only from the Finance department at this time. The agenda will be developed further as the year progresses and may be populated with topics from other departments, additional topics from the Finance Department and topics desired by the Committee. An updated 2013 agenda will be included in the Committee agenda packet periodically to keep the Committee members informed. RECOMMENDATION For information only. ATTACHMENTS: Preliminary Tentative 2013 Finance and Safety Committee Agenda 45 46 Finance and Safety Committee Tentative 2013 Agenda Topics Meeting Date # of Agenda Items Agenda Item Description JAN 23 1 Leak Adjustment Policy 2 Tentative Finance & Safety Committee 2013 Agenda FEB 5 ! 1 Local Improvement District update 2 Sewer Fund Financial Review 20 1 Advance Travel MAR 5 1 Local Improvement District - final assessment role unmodified 2 Investment report Q4 2012 19 1 Misc Revenue Report Q4, 2012 APR 2 16 1 RGRL & Business license fees as they relate to residential rental properties MAY 7 1 Local Improvement District - Ordinance confirming and levying assessments as finally approved 21 1 2012 Financial Results, Attachment A review, Reporting format discussion 2 Financial Policies -- review, revision, enhancement JUN 4 1 LID bond sale ordinance 18 1 Misc Revenue Report Q1, 2013 2 2013 01 Financial Results JUL 2 1 Sewer Fund, long term financial plan 16 1 New revenue streams 2 False Alarm fees AUG 6 1 Budget policies, CIP on biennial basis, other 20 1 Potential budget adjustments SEP 4 1 Investment Report Q2, 2013 2 2013 Q2 Financial Results 17 1 Misc Revenue Report Q2, 2013 OCT 8 1 2013 Budget Amendments 22 NOV 5 1 Property Tax Levy 19 DEC 3 1 Misc Revenue Report Q3, 2013 2 2013 Q3 Financial Results 47 48