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Reg 2008-12-15 COMPLETE AGENDA PACKET
J A W .wq,. Tukwila City Council Agenda REGULAR MEETING r:Q ?.1,1 s, Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder 08 Rhonda Berry, City Administrator 19 Dennis Robertson Verna Griffin Joe Duffie, Council President Kathy Hougardy De'Sean Quinn 1 Monday, December 15, 2008; 7:00 PM Ord #2217 Res #1674 1 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Certificates of Appreciation for service on City Commissions: PRESENTA- Russell Bradley, Arts Commission TIONS Henry Marvin, Planning Commission Kate Ostrom Gunsul and Billy Georgiadis, Sister Cities Commission b. `Recycler of the Year" awards to the Red Dot Corporation and Starfire Sports; Rebecca Fox, Associate Planner, Department of Community Development. 3. APPOINT- a. Arts Commission: Pg.1 MENTS Reappoint Trisha Gilmore to Position #4 on the Arts Commission, with a term expiring 12/31/2012. Reappoint Cynthia Chesak to Position #5 on the Arts Commission, with a term expiring 12/31/2012. b. Library Advisory Board: Reappoint Sharon Kidd to Position #1 on the Library Advisory Board, with a term expiring 12/31/2010. Reappoint Steve Miller to Position #2 on the Library Advisory Board, with a term expiring 12/31/2010. Appoint Dylan Flesch to Position #4 on the Library Advisory Board, with a term expiring 12/31/2009. c. Sister Cities Commission: Reappoint Bonnie Mullet to Position #6 on the Sister Cities Commission, with a term expiring 12/31/2012. 4. CITIZEN At this time, you are invited to comment on items not in cl uded on this agenda (please limit your COMMENT comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT Approval of Vouchers. AGENDA 6. BID Award a contract to Gary Merlino Construction Company for Tukwila International Boulevard Phase II Pg.5 AWARDS and III Improvements in the amount of $12,261,309.20 (see 12/8/08 C.O. W.J. 7. UNFINISHED a. Authorize the Mayor to sign Supplement #2 to Contract #06 -070 with Macaulay and Associates for an Pg.7 BUSINESS LID Special Benefits Study for the Tukwila Urban Center Access project (Klickitat) in the amount of $25,200.00 (see 12/8/08 C.O. W.J. b. An ordinance authorizing the execution of an interlocal agreement relating to the South Correctional Pg.9 Entity (SCORE) facility. c. Authorize the Mayor to sign an amendment to Contract #06 -059 with Commercial Development Pg.55 Solutions for project management services in the amount of $48,000.00 (see 12/8/08 C.O. W.). d. An ordinance adopting the 2008 Fire Master Plan with the inclusion of the Mayor's response specifying Pg.57 phased implementation, and establishing level -of- service goals for Fire services. e. An ordinance amending the Capital Facilities Element of the City's Comprehensive Plan to add "Fire" to Pg.73 the list of uses funded by the General Fund, to reference and incorporate the 2008 Fire and Parks Master Plans, and to add levels of service for Fire and Parks services. f. Impact Fees: Pg.79 1. An ordinance establishing the assessment of Fire impact fees on new residential, commercial, and industrial development in the City (see 12/8/08 C.O. W.). 2. An ordinance establishing the assessment of Parks impact fees on new residential, commercial, and industrial development in the City (see 12/8/08 C.O. W.). g. Proposed Budget /Capital Improvement Program: Pg.101 1. An ordinance adopting the biennial budget for the City of Tukwila for the 2009 -2010 biennium. 2. A resolution adopting the 2009 -2014 Financial Planning Model and the Capital Improvement Program. 8. NEW BUSINESS 9. REPORTS a. Mayor; b. City Council; c. Staff; d. City Attorney; e. Intergovernmental 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206- 433 1800 /TDD 206- 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. p--- COUNCIL AGENDA SYNOPSIS .............j4',ys e y Initials I1 JMNO. o: r a i G0 _Meeting Date Prepared by Major's review 1,--Cawircil review col o 1 12/15/08 1 SO 1 /2 11,1AD ITEM INFORMATION CAS NUMBER: 08-163 IORIGINAU AGENDA DATE: DECEMBER 15, 2008 AGENDA ITEM Tvn,i Appointments to Arts Commission, Library Advisory Board and Sister Cities Committee C.Vi i Discussion Motion 1 Resolution n Ordinance 1 1 Bid Award Public Hearing Other d Itg Date lilts Date 12/15/08 illtg Date !lltg Date Altg Date tlltg Date Hits Date 1 SPoNSoIt 1 I Council X Major 1 1 Adm Sacs DCD 1 1 Finance Fire Legal n P &R Police 1 1 PIV SI' ONSOR'S Arts Commission: Reappointments of Trisha Gilmore to Position #4 and Cynthia Chesak to SU\I\ \Rl Position #5 terms to expire 12/31/2012. Library Advisory Board: Reappointments of Sharon Kidd to Position #1 and Steve Miller to Position #2 terms to expire 12/31/2010; and appointment of Dylan Flesch to Position #4, term to expire 12/31/2009. Sister Cities Committee: Reappointment of Bonnie Mullet to Position #6 term to expire 12/31/2012. RI I 1 BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte 1 1 Utilities Cmte Arts Comm. 1 1 Parks Comm. LI Planning Comm. DAIS: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Confirm appointments C( )MMIITEE COST IMPACT FUND SOURCE ExPI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Coin,nents: MTG. DATE RECORD OF COUNCIL ACTION 12/15/08 MTG. DATE ATTACHMENTS 12/15/08 Informational Memorandum from the Mayor dated 11/21/08 ti at' 1 -of Rik Allia ,0)\ f r.;' 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor 4 1908 6� To: City Council f f From: Mayor Haggerton Re: Boards and Co on Appointments/Reappointments Date: November 21, 20 Arts Commission Position #4 and Position #5: I am pleased that Trisha Gilmore and Cynthia Chesak have consented to continue to serve on the Arts Commission their new terms will expire 12/31/2012. Library Advisory Board Position #1 and Position #2: I am pleased that Sharon Kidd and Steve Miller have consented to continue to serve on the Library Advisory Board their new terms will expire 12/31/2010. Position #4: I am pleased to forward to you the application of Dylan Flesch. Mr. Flesch will fill the vacancy in Position #4, term expiring 12/31/2009. Sister Cities Committee Position #6: I am pleased that Bonnie Mullet has consented to continue to serve on the Sister Cities Committee her new term will expire on 12/31/2012. Unless I hear otherwise from members of the City Council before December 4, I will invite these citizens to the December 15, 200 -8 Regular City Council meeting to have these appointments confirmed. Thank you. /so encl. cf: City Clerk Bruce Fletcher Bev Willison Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us TUKWILA W C ity of Tukwila f o APPLICA TION FOR APPOINTMENT'� Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 982 8 D r 1, iJ c 4 s i r I wish to be considered for appointment to the following board or commission: Arts Commission Lodging Tax Advisory Committee Park Commission Equity and Diversity Commission Human Services Board Planning Commission Civil Service Commission EiLibrary Advisory Board Sister City Committee Community-Oriented Policing Citizens Advisory Board (COPCAB) Other: Name: ,_ID,Aian Fl e5 ct-, Date: 41,24 /a 0 0 v Address: 4-o`td5 5 150rt" Zip Code: CIS 1 g g Phone, Day: Night: WINIMMIO Email: Please check all that apply to you within the Tukwila City limits: 121 Resident School District Representative 0 Business Ow High School Student Available to attend meetings: 121 Evenings 12 Daytime Present employer /occupation (if retired, please indicate former occupation): S 1 V e r cd ,r 5 C r k Phone: Occupational history/background: R. e•{-c, 1- Professional/community activities (orgs., clubs, service groups, etc.): 0 r a 0.--n I. o_ ..1 r c,, n st n e o n -c r S k r c.:t cal IZ Q -4e5 rein tJt` et`i^. a'} e5 —c C ©$00- y'l0._ At Z in Q.r v L2a•is1a4 -;v k-t,c`l :DQ Nncc r 4s c_ C Pr agc,?stvac, 'zroc ‘Tu{kw,lct• 1 arm Hobbies/mterests: L r, n f !X. ,'n u, cot u. 5 i e p o (i 1 e s, r a v e n c h h A f o Ji,F; )1oi. Ott r I J �iae 1? Aid P o n v51 :91 CI fa(,�nn e Pa 1 J 3 r v Qualificatio related to this position: ctc A p /a i n B it s i h e <s 7 h,7; i z 71r a'd.'c n -t.;'o -1 p, (J ),l/. a 'a�c-el/eral ve(6 1 i</1,f1Z AIR rr2rcnrIa/ gf, /s. 2 ri 0rqav1 S ti5 a l� t nche o-f);I.ti-14 pr c0r.+ ze ±x zz c. If you have previously served on one of the above boards/commissions, please provide details: Describe why you are interested in serving on this board/commission /committee; 1 am i7 eL s s o n «ke 17 f j r h Libr�rU's vtsto:, and w1;5 ;:o77 rr a «Y\cl 1 Wauj 1;r¢- +o Jo etreru1"h; Y i-a 6A_0( voc,7�Q t,X-nr t; rxyyt i arA7e j kw a L' r C J J t Signature: 7 1 7 Date: l la-`r 0 Note: Upon submission, all information on this form becomes public record For further clarification regarding this S application or more information regarding the boards or commissions, please call the Mayor's office at 206 -433 -1850. r c ft Application for Appointment 6/20!03 f c c c in 7 f,91 iin.7 cieeiti ,14...ie (tl -)L, COUNCIL AGENDA S KVOPSIS 0 Asti Initials tix'', I ii 1 f Meeting Date 1 Prepared by t} •o review I Council review ImMNo -40/ '°s 12/08/08 RT 1 1 I f� 12/15/08 RT I q/IVV.1 `J t I I 1 1 1 I 1 1 ITEM INFORMATION CAS NUMBER: 08-161 ORIGINAL AGENDA DATE: DECEMBER 8, 2008 AGENDA ITEM TITLE Bid Award for Tukwila Int'1 Blvd Phases II III Improvements CATEGORY Discussion Motion El Resolution Ordinance Btd Award Public Healing Other Mtg Date 12/08/08 Mtg Date Mtg Date Mtg Date Mtg Date 12/15/08 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PW/ SPONSOR'S This project will provide roadway improvements on Tukwila International Boulevard SUMMARY from S 116 St to S 138 St. The project was advertised on October 9 and 16, 2008, and ten bids were opened on November 13, 2008. The low bid of $12,261,309.20 was from Gary Merlino Construction Company, who has previously completed satisfactory work for the City. This contract includes work for Water District 125, Valley View Sewer District, Comcast, and Comcast LNS, which will be reimbursed. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Carte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 11/25/08 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to Gary Merlin() Construction Company. COMMITTEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $12,261,309.20 $16,586,000.00 Fund Source: 104.02 Arterial Street Fund (page 36 37, 2009 Proposed CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/08/08 Forward to next Regular Meeting 12/15/08 MTG. DATE ATTACHMENTS 12/08/08 Information Memo dated November 19, 2008 (with new page on Additive Alternate) Vicinity Maps and Walls 6 9 description Bid Tabulation Transportation Committee Meeting Minutes from November 25, 2008 12/15/08 No attachments Co UNCIL AGENDA SYNOPSIS 44. a Initials Il EM NO. i r 44 `S 4 1 Meeting Date Prepared by I Mayor's review 1 Council review 3 al/ cf l f 12/08/08 C Lam) '�•.__...•F'`;� 12/15/08 I C :/t 1 ITEM INFORMATION CAS NUMBER: 08-160 'ORIGINAL AGENDA DATE: DECEMBER 8, 2008 AGENDA ITEM TITLE Tukwila Urban Center Access Klickitat) LID Special Benefit Study Supplement No. 2 with Macaulay Associates CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 12 /08/08 Mtg Date 12 /15/08 Mtg Date Mtg Date Mtg Date Mtg Date Aftg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R [J Police PW/ SPONSOR'S Macaulay Associates began the LID Special Benefit Study and Right -of -Way Acquisition SUNL1i iARY services for the Tukwila Urban Center Access Project (Klickitat) in November, 2005. The study showed a definite benefit of the project, indicating that formation of an LID would be feasible. Supplement No. 1 extended the timeline and updated the market analysis through early 2008. Due to complications with right -of -way acquisition, Supplement No. 2 is needed to again update the market analysis as they are only valid for six months. With this Supplement of $25,200.00, the new contract total will be $142,100.00. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Camm ❑Parks Comm. Planning Comm. DALE: 11/25/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Supplement No. 2 with Macaulay Associates. CONliVII LE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $25,200.00 $80,000.00 $0.00 Fund Source: 104.02 Arterial Streets (pages 35, Proposed 2009 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 12/08/08 Forward to next Regular Meeting 12/15/08 MTG. DATE ATTACHMENTS 12/08/08 Information Memo dated November 19, 2008 Supplement No. 2 with Exhibit Transportation Committee Meeting Minutes from November 25, 2008 12/15/08 No attachments COUNCIL AGENDA SYNOPSIS `.NILA, Inttzalr 'TEAT NO. 4 I 1 Meet* Date Prepared by 1 Mayors review Council review 1 Q r° 1 12/08/08 1 RB 1 .A, sj j, 12/15/08 1 RB Imo- 1, I ITEM INFORMATION CAS NUMBER: 08-159 ORIGINAL AGENDA DATE: DECEMBER 8, 2008 AO END.\ ITEM TITLE South Correctional Entity (S.C.O.R.E.) Interlocal Agreement C.\ 1 )RY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 1 fig Date 12/8/08 Mtg Date 11Itg Date Mfg Date 12 /15 /08 1-Itg Date "Ills Date ill g Date SP( )NSOR Council Mayor 1 1 Adm Svcs n DCD Finance L( Fire n Legal P &R Police PlV SPONSOR'S The cities of Auburn, Federal Way, Des Moines, Renton, Burien, SeaTac and Tukwila SUMIMIARY (Member Cities) recognize there is a public need for a new correctional facility to serve the South King County region and to provide correctional services at a lower total cost to the Member Cities. The Council is being asked to pass an ordinance authorizing the Mayor to enter into an interlocal agreement relating to the S.C.O.R.E. facility and formation of the S.C.O.R.E. Development Authority. RI II :WI il> 13Y COW Ivitg I 1 CA &P Cmte F &S Cmte Transportauon Cmte Utihties Cmte Arts Comm. 1 I Parks Comm. Planning Comm. DATE: 12/ 2/ 08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor to sign the agreement COMMI1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE F.tl'I .N1)lTURE RI ,OU1R1;D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments. MTG. DATE 1 RECORD OF COUNCIL ACTION 12/08/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 12/08/08 Informational memorandum dated 11/12/08 Ordinance. in draft form Interlocal Agreement City of Renton Ordinance Charter of the Authority Bylaws of the Authority Minutes of the Finance and Safety Committee Meeting of 12/2/08 12/15/08 Ordinance in final form, with attached Interlocal Agreement 1v� ,y r'o .1 1908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT RELATING TO THE SOUTH CORREC.I'IONAL ENTITY FACILITY AND THE FORMATION OF THE SOUTH CORRECTIONAL ENTITY FACILITY DEVELOPMENT AUTHORITY; PROVIDING FOR SEVERABILTTY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City"), is authorized by Chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the City currently contracts with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Cities of Auburn, Federal Way, Des Moines, Renton, Burien, SeaTac, and Tukwila, Washington (the "Member Cities recognize and find that there is a public need for a new correctional facility to serve the South King County region and to provide correctional services at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, the Member Cities now desire to enter into an interlocal agreement (the Interlocal Agreement to form a governmental administrative agency known as the South Correctional Entity "SCORE to establish and maintain a consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities are considering the formation of a public corporation for the purpose of issuing and servicing bonds that are secured by the full faith and credit of the Member Cities in order to provide for the financing of the SCORE Facility; and WHEREAS, the City of Renton, Washington, has agreed to act as the host city for the formation of the public corporation, subject to the approval of each Member City; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: C. \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \SCOREdoc Rs:ksn 12/10 /2008 Page 1 of 3 Section 1. Approval of Interlocal Agreement. The Mayor of the City is hereby authorized to execute the Interlocal Agreement with the Cities of Renton, Auburn, Federal Way, Des Moines, Burien, and SeaTac, Washington, substantially in the form as attached hereto as Exhibit A and incorporated herein by this reference (the "Interlocal Agreement for the_creation of a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity "SCORE The Mayor and other appropriate officers of the City are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the creation of SCORE. Section 2. Approval of Formation of the Authority. Pursuant to Chapter 3934 RCW and RCW 35.21.730 through RCW 35.21.755, the City hereby approves the creation of a public corporation by the City of Renton to be designated as the South Correctional Entity Facility Public Development Authority (the "Authority"). The purpose of the Authority is to provide an independent legal entity under State law to issue debt to finance and refinance the acquisition, construction, improvement and equipping of a correctional facility (the "SCORE Facility"). Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." The proposed form of ordinance to be considered by the City Council of the City of Renton, along with the Charter and the Bylaws of the Authority, drafts of which are attached hereto, as Exhibits B, C and D, respectively, are hereby approved. The City Council hereby approves the formation by the City of Renton of the Authority by the approval of such ordinance, Charter and Bylaws substantially in the forms presented to this Council. Section 3. Limited Liability; Independent Obligations. The Authority shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of the Authority. No creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the Authority. Section 4. City Contributions to Operations and Bonds. A. The Member Cities shall pay an allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be determined as provided in the Interlocal Agreement. In addition to the foregoing commitment, each Member City shall contribute funds in the percentages provided for in the Interlocal Agreement, which for the City is equal to 8 to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution The authorization contained in this ordinance is conditioned upon the issuance of Bonds not exceeding the aggregate principal amount of $100 million (not including any bonds or notes to be refunded with proceeds of such Bonds) without obtaining additional Council approval. B. No Member City shall be obligated to pay the Capital Contribution of any other Member City; the obligations of the City with respect to the Bonds shall be limited to its 8% allocable share of such obligations; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority The obligation of the City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of the City, C \Documents and Setting \All Users Desktop Kelly \MSDATA \Ordinances SCORE .doc R&:ksn 12/10/2008 Page 2 of 3 payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefore. The City hereby obligates itself and commits to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding non -voted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. Section 5. Preliminary Costs; Reimbursement. The City is hereby authorized to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of Bonds by the Authority pursuant to the terms of the Interlocal Agreement. Pursuant to U.S. Treasury Regulation Section 1.150 -2(e), the City reasonably expects to be reimbursed for such expenditures with proceeds of Bonds issued by the Authority. The maximum principal amount of Bonds expected to be issued for the SCORE Facility described in Section 2 is $100 million. 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 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 2008. AI hST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published: Effective Date: City Attorney's Office Ordinance Number: Attachment Exhibit A Interlocal Agreement Exhibit B Proposed City of Renton Ordinance Exhibit C Charter of the Authority Exhibit D Bylaws of the Authority C. \Documents and Setting \All Users Desktop Kelly \MSDATA Ordinances \SCORE.doc RB ksn 12/10/2003 Page 3 of 3 Exhibit A SCORE INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this 2008 by and among the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities all of which are municipal corporations under the laws and statutes of the State of Washington: RECITALS: WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of public safety and welfare; and WHEREAS, the Member Cities currently contract with other local governments within the State of Washington for correctional services at a great expense to the City; and WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes municipalities in Washington to enter into agreements for the joint undertaking of certain projects as provided therein; and WHEREAS, the Member Cities now desire to form a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity "SCORE to establish and maintain a consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, financing for the acquisition, construction, equipping, and improvement of the SCORE Facility will be provided by bonds issued by a public corporation created in accordance with this Agreement and pursuant to RCW 35.21.730 through 35.21.755 and secured by the full faith and credit of the Member Cities; and WHEREAS, the City of Renton has agreed to act as the host city for the formation of a public corporation to be known as the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority subject to the approval of each Member City; and WHEREAS, the establishment and maintenance of the SCORE Facility will be of substantial benefit to the Member Cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: C:\DOCUiME— t\christy\ LOCALS --1 \Temp';XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 1 Section 1. SCORE Facility; Authority (a) Administrative Agency. There is hereby established a governmental administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional Entity "SCORE SCORE shall initially consist of the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac, Washington (the "Member Cities (b) Powers of SCORE. SCORE shall have the power to acquire, construct, own, operate, maintain, equip, and improve a correctional facility (the "SCORE Facility") and to provide correctional services and functions incidental thereto, for the purpose of detaining arrestees and sentenced offenders in the furtherance of public safety and emergencies within the jurisdiction of the Member Cities. The SCORE Facility may serve federal and state agencies as well as other municipal corporations "Subscribing Agencies which are in need of correctional facilities. Any agreement with a Subscribing Agency shall be in writing and approved by SCORE as provided herein. (c) Administrative Board. The affairs of SCORE shall be govemed by an administrative board (the "Administrative Board fowled pursuant to Section 4 of this Agreement. The Administrative Board shall have the authority to: 1. Recommend action to the legislative bodies of the Member Cities; 2. Establish a budget and approve expenditures; 3. Establish policies for investing funds and incurring expenditures of budget items for the SCORE Facility; 4. Review and adopt a personnel policy for the SCORE Facility; 5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for the operation of the SCORE Facility; 6. Conduct regular meetings as may be designated by the Administrative Board; 7. Determine what services shall be offered at the SCORE Facility and under what teinis they shall be offered; 8. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this Agreement, 9. Establish rates for services provided to members, subscribers or participating agencies; 10. Direct and supervise the activities of the operations board created pursuant to Section 5 and the facility director selected pursuant to Section 6; C \DOCUME-- i \christy\ LOCALS --1\ Temp \XPGrpWise\20358 Interlocal Agreement doc 2 11. Enter into an agreement with a public corporation or otherwise to incur debt; 12. Make purchases or contract for services necessary to fully implement the purposes of this Agreement; 13. Enter into agreements with and receive and distribute funds from any federal, state or local agencies; 14. Receive and account for all funds allocated to the SCORE Facility from its members; 15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the SCORE Facility; 16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of property and assets; 17. Sue and be sued, complain and defend, in all courts of competent jurisdiction in its name; 18. Make and alter bylaws for the administration and regulation of its affairs; 19. Enter into contracts with Subscribing Agencies to provide correctional services; 20. Employ employees as necessary to accomplish the teens of this Agreement; and 21. Engage in any and all other acts necessary to further the goals of this Agreement. Section 2. Duration of Agreement The initial duration of this Agreement shall be for a period of ten (10) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this Agreement. Notwithstanding the foregoing, this Agreement shall not terminate until all bonds or other obligations issued by the South Correctional Entity Facility Public Development Authority (the "SCORE Facility Public Development Authority as provide in Section 14 of this Agreement are no longer outstanding. Section 3. Withdrawal and Termination (a) Subject to Section 3(g) below, any Member City may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in any one -year. After providing appropriate notice as provided in this Section, that Member City's membership withdrawal shall C:\DOCUME— I\christy\ LOCALS- A \Temp\XPGrpwise \20358_QIXSCORE Interlocal Aareement.doc 3 become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. (b) Subject to Section 2 above, four (4) or more Member Cities may, at any one time, by written notice provided to all Member Cities, call for a complete termination of SCORE and this Agreement. Upon an affirmative supeimajority vote (majority plus one) by the Administrative Board, SCORE shall be directed to terminate business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to teiininate this Agreement. Upon the final termination date, this Agreement shall be fully terminated. (c) Subject to Section 3(g) below, in the event any Member City fails to budget and provide the required annual funding requirements for SCORE as provided in Section 14 hereof, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this Agreement and to have forfeited all its rights under this Agreement as provided in Section 3(e). The remaining Member Cities may, at their option, withdraw SCORE's correctional services from that City, or alternatively, enter into a Subscribing Agency agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. (d) Time is of the essence in giving any termination notice. (e) If an individual Member City withdraws its membership in SCORE, the withdrawing City will forfeit any and all rights it may have to SCORE's real or personal property, or any other ownership in SCORE, unless otherwise provided by the Administrative Board. (f) Upon termination of this Agreement, all property acquired during the life of this Agreement shall be disposed of in the following manner: 1. All real and personal property acquired pursuant to this Agreement shall be distributed to the Member Cities based on the Base Percentages (as defined in Section 14); and 2. All unexpected funds or reserve funds shall be distributed based on the percentage of average daily population at the SCORE Facility for the last three (3) years prior to the teiniination date of those Member Cities still existing on the day prior to the teiuiination date. (g) Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any Member City from this Agreement shall not discharge or relieve the Member City that has withdrawn pursuant to Section 3(a) or been terminated pursuant to Section 3(c) of its obligation to pay debt service on the bonds issued by the SCORE Facility Public Development Authority. A Member City may be relieved of its obligation under this Agreement to make payments with respect to its Capital Contribution (as defined in Section 14) if the Administrative Board, by supermajority vote (majority plus one), C- \DOCUME- 1'christy\ LOCALS-- ilTemp \XPGrp\Vise120358_O1XSCORE fnterlocal Aareement.doc 4 authorizes such relief based on a finding that such payments are not required to pay debt service on bonds issued by the SCORE Facility Public Development Authority. Section 4. Administrative Board (a) Formation. An Administrative Board composed of the Mayor or his or her designee from each Member City shall govern the affairs of SCORE. (b) Allocation of Votes. Each Board member shall have an equal vote and voice in all Board decisions. (c) Voting Requirements. Votes regarding debt, approval of the budget, employment of the Facilities Director, and approval of labor contracts shall require an affirmative vote of a supennajority (majority plus one) of the Member Cities, two (2) of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote. (d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of Order (newly revised) shall govern all procedural matters relating to the business of the Administrative Board. (e) Officers of the Administrative Board. Members of the Administrative Board shall select a Presiding Officer from its Members, together with such other officers as a majonty of the Administrative Board may deter nine. Subject to the control of the Administrative Board, the Presiding Officer shall have general supervision, direction and control of the business and affairs of SCORE. On matters decided by the Administrative Board, the signature of the Presiding Officer alone is sufficient to bind SCORE. (f) Meetings of the Administrative Board. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday of February of each year to review the prior year's service. The second meeting shall be on the second Tuesday of September of each year to consider and adopt a budget for the following fiscal year. Other meetings may be held upon request of the Presiding Officer or any two members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Four (4) members of the Administrative Board must be present at any meeting of the Administrative Board to comprise a quorum, and for the Administrative Board to transact any business. Proxy voting shall not be allowed. Members of the Administrative Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Administrative Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. C_ \DOCUME-- 1 \christy\ LOCALS—1 \Temp\XPGrpWise\20358_OIXSCORE Interlocal Agreement.doc 5 (g) Bylaws. The Administrative Board shall be authorized to establish bylaws that govern procedures of that Board and the SCORE Facility's general operations. (h) Administrative Board Review. A general or particular authonzation or review and concurrence of the Administrative Board by majority vote shall be necessary for all capital expenditures or contracts in excess of $50,000. Section 5. Operations Board (a) Formation. There is further established an operations board (the "Operations Board which shall consist of the Police Chief of each Member City or his or her designee. Additionally, the Police Chiefs of the Subscribing Agencies shall, by majority vote, elect up to two (2) at -large member to represent the police departments of the Subscribing Agencies. At the time set for election of the at -large members, only the Subscribing Agencies representatives, then in attendance, will participate in the election. The Member Cities' Operations Board representatives shall not participate in the at -large member elections. The at -large members shall serve one -year terms, unless otherwise determined by majority vote of the Operations Board. The purpose and duties of the Operations Board shall be established by the Administrative Board. (b) Voting and Meetings of the Operations Board. Each Operations Board member shall have an equal vote in all Operations Board decisions. The Operations Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. The Operations Board shall elect a Presiding Officer from its members and shall likewise determine the time and place of its meetings, at least one (1) regular meeting shall be held each month at a time and place designated by the Presiding Officer or a majonty of its members, Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operations Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all of the Operations Board Members. All meetings shall be open to the public to the extent required by chapter 42.30 RCW. Five (5) members of the Operations Board must be present at any meeting of the Operations Board to comprise a quorum, and for the Operations Board to transact any business. Proxy voting shall not be allowed. Members of the Operations Board may participate in a meeting through the use of any means of communication by which all members and members of the public participating in such meeting can hear each other during the meeting. Any members of the Operations Board participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 6. Facility Director. Not later than one hundred eighty (180) days prior to the completion of the SCORE Facility, the Operations Board shall recommend to the Administrative Board a person to act as C'\ DOCUM I\ christy L. OCALS-- 1 \Temp\XPGrpWise\20358_OIXSCORE lnterlocal Agreement.doc 6 the Facility Director (the "Director The Administrative Board may accept or reject the Operations Board recommendation. Such Director shall be responsible to the Administrative Board, shall advise same from time to time on a proposed budget and other appropriate means in order to fully implement the purposes of this Agreement. The Director shall administer the program in its day -to -day operations consistent with the policies adopted by the Administrative Board. Such Director shall have experience in technical, financial and administrative fields, and such appointment shall be on the basis of merit only. Section 7. Personnel Policy (a) The Operations Board shall submit to the Administrative Board within one hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel policy for the SCORE Facility for its approval, rejection or modification. All of such modifications or revisions shall be subject to the final approval of the Administrative Board. (b) Such personnel policy shall provide for the initial appointment to the SCORE Facility's staff from the personnel presently, peimanently appointed or assigned as corrections officers in the Member Cities. Additional employees shall be appointed by the Director upon meeting the qualifications established by the Operations Board and adopted by the Administrative Board. None of such employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law. Section 8. Operations and Budget (a) The Director shall distribute a proposed budget to the Operations Board on or before August 1 of each year, which said budget shall then be provided to the Administrative Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of the programs and objectives as contained in said proposed budget, and of the required financial participation for the ensuing year. (b) The allocation of prorated financial participation among the Member Cities shall be calculated as provided in Section 14 hereof. Each Member City shall be unconditionally obligated to provide its allocable share of costs as provided in this Agreement. Section 9. Contracts and Support Services (a) The Administrative Board (or the Operations Board or the Director, if so designated by the Administrative Board) shall, as necessary, contract with local governments for the use of space for its operations, auxiliary services including but not limited to records, payroll, accounting, purchasing, and data processing, and for staff prior to the selection of a Director for the SCORE Facility. (b) The Member Cities hereby agree to furnish legal assistance, from time to time, as approved by the Administrative Board. The Administrative Board may contract with the City Attorney of a Member City, other local government, or independent legal counsel as necessary. C \DOCUME- I\christy\ LOCALS --1 \Temp\XPGrpWise\20358_01XSCORE Interlocal Agreement.doc 7 Section 10. Policy and System Evaluation The Director shall actively and continually consider and evaluate all means and opportunities toward the enhancement of operations effectiveness for correctional services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operations Board from time to time. Any substantive change or deviation from established policy shall be subject to the prior approval of. the Administrative Board. Section 11. Additional Services Authorized The Administrative Board shall evaluate and determine the propriety of including additional correctional services for local governments, whenever so required, and shall determine the means of providing such services, together with its costs and effects. These additional services may include, but shall not be limited to the following: alternatives to incarceration, inmate transportation systems, and consolidated court services. Section 12. Inventory and Property (a) Equipment and furnishings for the operation of the SCORE Facility shall be acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings for SCORE's use, title to the same shall remain with the respective local entity unless that equipment is acquired by SCORE. (b) The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operations Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE. In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending governmental entity and all other items, including real property, or funds derived from the sale thereof, shall be distributed to Member Cities in accordance with Section 3(f) above. (c) Title to real property purchased or otherwise acquired shall be held in the name of SCORE; provided however, that for valuable consideration received, SCORE may convey ownership of any real property as may be approved by supeimajority vote (majority plus one) of the Administrative Board. Section 13. Local Control Each Member City and Subscribing Agency shall retain the responsibility and authority for the operation of its police depaitments, and for such equipment and services as are required at its place of operation to utilize the SCORE Facility. C' \DOCUME- 1 \christ LOCALS- 1 \Temp\XPGrpWise\20358_OIXSCORE lnterlocal Ayreernentdoc 8 Section 14. SCORE Facility Fnnancinu and Construction; SCORE Facility Public Development Authority (a) SCORE Facility. In order to provide necessary services for the Member Cities and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des Moines, Washington. Pursuant to RCW 35.21.740, the City of Des Moines hereby authorizes the City of Renton to operate the SCORE Facility Public Development Authority within the corporate limits of the City of Des Moines in a manner consistent with the terms of this Agreement. (b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and the Presiding Officer of the Administrative Board, or his or her approved designee, will execute contracts for the development of the SCORE Facility. These contracts shall include, without limitation, contracts for architectural design and engineering, project management services; real estate acquisition, and construction. (c) SCORE Facility Public Development Authority. In order to finance costs of acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has agreed to form a public corporation pursuant to RCW 35.21.730 through 35.21.755 known as the South Correctional Entity Facility Public Development Authority. The purpose of the SCORE Facility Public Development Authority is to issue debt to finance and refinance the acquisition, construction, improvement and equipping of the SCORE Facility. Such debt may be issued in one or more series, may be in the foriii of bonds, notes or other evidences of indebtedness to provide interim and peinianent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." The Administrative Board shall serve ex officio as the Board of Directors of the SCORE Facility Public Development Authority as further provided in the Authonty's organizational charter. Upon issuance of Bonds by the SCORE. Facility Public Development Authority, Bond proceeds shall be deposited on behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make payments to the SCORE Facility Public Development Authority at the time and in the amounts required to pay principal of and interest on the Bonds and any administrative costs of the SCORE Facility Public Development Authority as a first priority and pledge of the revenues of SCORE. (d) SCORE Facility Financing. The Member Cities shall each pay an allocable portion of all aggregate capital and operating costs related to the SCORE Facility, less revenue received from Subscribing Agencies or other sources, as provided in this Agreement. Each Member City shall be billed for its total allocable capital and operating costs on a semiannual basis, or more frequently as detettnined by the Administrative Board, calculated as provided for in this Section. (1) Capital Contribution. Each Member City shall be obligated to pay an amount equal to its Base Percentage multiplied by the principal of and interest on Bonds as the same shall become due and payable and administrative expenses of the SCORE C: \DOCUME- 1khrist LOCALS- 1 \Temp\XPGrpWise\20358_0[XSCORE lnterlocal Agreement.doc 9 Facility Public Development Authority with respect to the Bonds (the "Capital Contribution without regard to the payment or lack thereof by any other Member City. The "Base Percentage" is defined as a percentage equal to the 2007 average daily population allocable to the Member Cities in all correctional facilities. Those percentages are as follows: (i). Auburn twenty -nine (29 (ii) Des Moines five (5 (iii) Federal Way— seventeen (17 (iv) Renton thirty -four (34 (v) Tukwila eight (8 (vi) Burien four (4 (vii) SeaTac three (3 No Member City shall be obligated to pay the Capital Contribution of any other Member City, and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with Section 3(g). The obligation of each Member City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. Each Member City has or will agree to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. (2) Costs of Maintenance and Operation. Until the end of the first calendar year of operations of the SCORE Facility (estimated to be December 31, 2012), the allocable portion that each Member City shall be obligated to pay of costs of maintaining and operating the SCORE Facility and all costs of administering SCORE (the "Costs of Maintenance and Operation in such year shall be equal to the City's Base Percentage multiplied by the Costs of Maintenance and Operation. Commencing with the calendar year following the first calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility, as supplemented as necessary with the average daily population allocable to the Member Cities in all correctional facilities, for the 12 -month period ending June 30 of the preceding year. Commencing with the third calendar year of operations, the allocable portion that each Member City shall be obligated to pay of Costs of Maintenance and Operation shall be based on the Member City's average daily population in the SCORE Facility for the 12 -month period ending June 30 of the preceding year. (e) Allocation of Revenues. Revenues received in a calendar year from Subscribing Agencies or from sources other than the contributions described in Section 14(d) above shall be used to reduce the Costs of Maintenance and Operation in the subsequent calendar year. Each C \DOCUME- I \christ LOCALS- l\Temp\XPGrpWise\20358_0IXSCORE In terlocal Aa eement.doc 10 Member City shall receive credit/benefit of the revenues discussed in this section based on that Member City's proportional average daily population. (f) Special Facility Desiznation. The SCORE Facility, including all equipment, furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing Agencies to provide necessary and secure correctional services and assure public safety Consequently, the SCORE Facility is essential to the preservation of the public health, safety, and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special facilities subject to unique standards. Accordingly, based on the facts presented in this subsection, it is herby resolved that the established policy of the Member Cities is that the SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of any kind or nature for the SCORE Facility shall be exempt from competitive bidding requirements as prescribed by Washington State statute but shall be governed by the procurement policy established by the Administrative Board as amended from time to time. Section 15. Preliminary Costs of the SCORE Facility; Bellevue Property The Administrative Board shall allocate costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility prior to the issuance of the Bonds by the SCORE Facility Public Development Authority among the Member Cities by an affirmative vote of a supeimajority (majority plus one) of the of the Member Cities, two (2) of which shall have the highest and the second highest average daily population in all correctional facilities calculated at the time of the vote. Any costs of the SCORE Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of Bonds to the extent permitted by law. The Member Cities hereby agree that any net proceeds received from the sale of the property located at 1440 116 Avenue NE, Bellevue, Washington and 1412 116 Avenue NE, Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with SCORE and used to finance costs associated with the design, acquisition, construction, improvement and equipping of the SCORE Facility. Section 16. Filing of Agreement Upon execution, this Agreement shall be filed as required in RCW 39.04.040. Section 17. Severability If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent junsdiction such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. Section 18. Execution This Agreement, or amendments hereto, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution or C'\DOCUME 11christy\ LOCALS-- I \Temp \XPGrpWisel20358_OIXSCORE Intel Agreement.doc 11 ordinance of each Member City. This Agreement, or any amendment, shall be deemed adopted upon the date of execution by the last so authorized representative. Section 19. Hold Harmless The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the perfotinance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the Administrative Board, Operations Board, Facility Director and or staff, while acting within the scope of their authority under this Agreement shall be borne by SCORE exclusively. Section 20. Counterparts This Agreement may be executed in any number of counterparts, each of whom shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF AUBURN CITY OF RENTON By: Mayor By: Mayor CITY OF DES MOINES CITY OF TUKWILA By: Mayor By: Mayor CITY OF FEDERAL WAY CITY OF BURIEN By: Mayor By: Mayor CITY OF SEATAC By: Mayor C \DOCUME-- 1\christy\ LOCALS- 1\Temp\XPGrpWisei20353_01XSCORE Interlocal Agreement doc 12 EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CREATION OF A PUBLIC CORPORATION TO BE KNOWN AS THE SOUTH CORRECTIONAL FACIT.ITY PUBLIC DEVELOPMENT AUTHORITY; APPROVING A CHARTER AND BYLAWS; ESTABLISHING A BOARD OF DIRECTORS TO GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS. WHEREAS, pursuant to RCW 35.21.730 through 35.21.755, the City Council (the "Council of the City of Renton, Washington (the "City may authorize the creation of a public corporation as a separate legal entity to perfoini any lawful public purpose or public function as therein authorized; and WHEREAS, pursuant to chapter 39.34 RCW, the City has entered into the SCORE Interlocal Agreement (the Interlocal Agreement with the Cities of Auburn, Des Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (together with the City, the "Member Cities for the formation of a governmental administrative agency known as the South Correctional Entity "SCORE and WHEREAS, SCORE is responsible for the establishment and maintenance of a consolidated correctional facility (the "SCORE Facility") to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE in the future to provide correctional services essential to the preservation of the public health, safety and welfare; and WHEREAS, the Member Cities have determined that the SCORE Facility will provide improved correctional facilities within the boundaries of the consolidated service areas at a lower total cost to the participating Member Cities than currently available alternatives or than the participating Member Cities could individually provide; and WHEREAS, the Interlocal Agreement contemplates that the City will create a public corporation for the purpose of issuing and servicing bonds that are secured by the full faith and credit of the Member Cities in order to finance the acquisition, construction, equipping, and improving of the SCORE Facility; and WHEREAS, the City will act as the host city for the foimation of the public corporation, subject to the approval of each Member City; and WHEREAS, the City has determined that chartering a public corporation to function on its behalf in undertaking the acquisition, construction, equippmg, and improvement of the SCORE Facility will create a highly focused and dedicated entity that will accelerate progress, provide for financing, pool limited resources and enhance opportunities to work with the Member Cities and others critical to the successful construction and operation of a regional correctional facility, all while ensuring appropriate public oversight and accountability; and WHEREAS, the Council has been presented with drafts of a proposed charter (the "Charter and bylaws (the "Bylaws for the establishment and chartering of a public corporation to be known as the South Correctional Entity Facility Public Development Authority, which will have as its purpose the issuance and servicing of one or more series of bonds or other- obligations to provide financing for the acquisition, construction, equipping, and improving of a correctional facility pursuant to the terms of this ordinance and the Charter; and WHEREAS, it appears in the best interest of the City to approve the Charter and Bylaws for the South Correctional Entity Facility Public Development Authority as now proposed; BE IT ORDAINED by the Council of the City of Renton: Section 1. Authority Created —City Liability Limited. A. Authority Created. The Council hereby authorizes the creation of a public corporation pursuant to RCW 35.21.730(5). The public corporation shall have all of the powers set forth in this ordinance, RCW 35.21.730 through 35.21.755, and its charter necessary to finance and refinance the acquisition, construction, equipping, and improvement of a regional correctional facility known as the South Correctional Entity Facility (the "SCORE Facility") through the issuance and servicing of one or more series of bonds, notes or other obligations (collectively, the "Bonds and to perform any other function specified in its charter. B. Name. The name of the public corporation shall be the "South Correctional Entity Facility Public Development Authority" (hereinafter the "Authority C. Seal. The corporate seal of the Authority shall carry the name of the Authority. D. City Liability Limited. The Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. Except as specifically agreed in writing by the City, the Authority shall take no action that might impose liability upon the City. All liabilities incurred by the Authority shall be satisfied exclusively from the assets, credit, and properties of the Authority, and no creditor or other person shall have any right of action against or recourse to the City, its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. The charter of the Authority shall provide that the Authority is organized pursuant to this ordinance and RCW 35.21.730 through 35.21.755 and state as follows: "[A]11 liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or -2- P:120358 DG120358 0J1 12/04/08 other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations or liabilities of such public corporation, commission, or authority." Such statement shall be displayed in a prominent location in the principal office or other offices of the Authority. It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or Liability by the Authority. E. Contributions of the Cities. The City and the Cities of Auburn, Des Moines, Federal Way, Tukwila, Burien, and SeaTac, Washington (together with the City, the "Member Cities shall pay an allocable portion of the budgeted expenses of maintenance and operation of the SCORE Facility not paid from other sources, which allocable portion shall be deteiuiined as provided in the Interlocal Agreement. In addition to the foregoing commitment, each Member City shall contribute funds in the percentages provided for in the Interlocal Agreement to pay debt service on Bonds as the same shall become due and payable and to pay administrative expenses of the Authority with respect to the Bonds (the "Capital Contribution No Member City shall be obligated to pay the Capital Contribution of any other Member City; the obligations of.each Member City with respect to the Bonds shall be limited to its allocable share of such obligations; all such payments shall be made by the Member City with out regard to the payment or lack thereof by any other jurisdiction; and each Member City shall be obligated to budget for and pay its Capital Contribution unless relieved of such payment in accordance with the Interlocal Agreement. All payments with respect to the Bonds shall be made to SCORE in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The obligation of each Member City to pay its Capital Contribution shall be an irrevocable full faith and credit obligation of such Member City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the Member City on all of the taxable property within the Member City and other sources of revenues available therefor. Each Member City has or will obligate itself and commit to budget for and pay its Capital Contribution and to set aside and include in its calculation of outstanding nonvoted general obligation indebtedness an amount equal to the principal component of its Capital Contribution for so long as Bonds remain outstanding. Section 2. Powers Generallv. Except as limited by the state constitution, state statute, this ordinance or the Charter of the Authority, the Authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the Authonty is organized and to perfolin authorized corporate functions, as provided in its Charter. Pursuant to the Interlocal Agreement, the Authority may operate within the corporate limits of the City of Des Moines, Washington to accomplish the purposes set forth therein. Section 3. Limitation of Powers. The activities and transactions of the Authority shall be limited in the following respects: A. The Authority shall have no power of eminent domain nor any power to levy taxes or special assessments. -3- P'\20358 DG120a 8 0J i 12/04/08 B. Except as otherwise agreed to by a Member City, the Authority may not incur or create any liability that permits recourse by any contracting party or member of the public to any assets, services, resources, or credit of a Member City. C. No funds, assets, or property of the Authority shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall any funds or a substantial part of the activities of the Authority be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the state or the Council of the Member Cities; provided, however, that funds may be used for representatives of the Authority to communicate with members of Congress, state legislators or city council members concerning funding and other matters directly affecting the Authority, so long as such activities do not constitute a substantial part of the Authority's and unless such activities are specifically limited in its charter. D. All funds, assets, or credit of the Authority shall be applied toward or expended upon services, projects, and activities authorized by its charter. No part of the net earnings of the Authority shall inure to the benefit of or be distributable as such to, the board members or other private persons, except that the Authority is authorized and empowered to: (i) Reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in performing their duties, and compensate employees and others performing services for the Authority a reasonable amount for services rendered; (ii) Assist board members or employees as members of a general class of persons to be assisted by a corporate approved project or activity to the same extent as other members of the class as long as no special privileges or treatment accrues to such board members or employees by reason of his or her status or position in the Authonty; (iii) Defend and indemnify any current or foimer board member or employee and their successors against all costs, expenses, judgements, and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or may be made a party by reason of being or having been a board member or employee, or by reason of any action alleged to have been taken or omitted by him or her in such position, provided that he or she was acting in good faith on behalf of the Authority and within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which board members or employees may be entitled as a matter of law, (iv) Purchase insurance to protect and hold personally harmless any of its board members, employees and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the perfounance, in good faith, of duties for, or employment with, the Authority and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgements from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the board, and such insurance shall not be considered to be -4- P 120358 0G120358 0J1 12/04/08 compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and (v) Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as long as such gain is not the object or purpose of the Authonty's transactions or activities and is applied to or expended upon services, projects, and activities as aforesaid. E. The Authority shall not issue shares of stock, pay dividends, make private distribution of assets, make loans to its board members or employees or otherwise engage in business for private gain. Section 4. Charter. The charter of the Authority (the "Charter is hereby approved in the form set forth at Exhibit A. The Charter shall be issued in duplicate onginals, each signed by the City Mayor and bearing the City seal attested by the City Clerk. One original shall be filed with the Clerk of the Council and filed as a public record. A duplicate original shall be provided to the Authority. Amendments to the Charter may be initiated by the Board Members or by the Renton City Council. All amendments to the Charter initiated by the Renton City Council shall be presented to the Board for consideration and approval and shall not become effective unless approved by a majority vote of the Board. All amendments to the Charter, regardless of how initiated, shall become effective only following approval by ordinance approved by the Renton City Council and the Councils of at least three other Member Cities. After adoption of a Charter amendment, the revised Charter shall be issued and filed in the same manner as the original Charter. Section 5. Effect of Issuance of Charter. The Authority shall commence its existence effective upon fulfillment of the following: (a) Each of the Councils of the Member Cities has approved the creation of the Authority by the City; (b) This ordinance has become effective; and (c) The charter shall have been executed, and the Charter and bylaws of the Authority (the "Bylaws shall be on file with the City Clerk. Except as against the state or the City in a proceeding to cancel or revoke the Charter, delivery of a duplicate original Charter shall conclusively establish that the Authority has been established in compliance with the procedures of this ordinance. Section 6. Board of Directors: Officers. The SCORE Administrative Board established pursuant to Section 4 of the Interlocal Agreement shall act ex officio as the board of -5- P 0G\20358 0J1 12/04/08 the Authority (the "Board All corporate powers of the Authonty shall be exercised by or under the authority of the Board; and the business, property and affairs of the authority shall be managed under the supervision of the Board, except as may be otherwise provided by law or in the Charter. The Board shall have officers as provided in the Charter. Section 7. MeetinR Within ninety (90) days after issuance of the Charter, the City Mayor shall call an organizational meeting of the initial Board, giving at least ten (10) days' advance wntten notice to each, unless waived in writing. At such meeting, the Board shall organize itself, appoint officers, and select its place of business. All Board meetings, including executive, all other peinianent and ad hoc committee meetings, shall be open to the public to the extent required by chapter 42.30 RCW. Section 8. Bylaws. The Bylaws of the Authority are hereby approved in the foini set forth at Exhibit B. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall be consistent with the Charter. In the event of a conflict between the Bylaws and this ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control. Section 9. Funds of the Authority. All money belonging to or collected for the use of the Authority coming into the hands of any officer thereof shall immediately be deposited with a legal depository to the credit of the Authority for the benefit of the funds to which they belong. The use of funds of the Authority for any purpose not authorized by law by any officer having possession or control thereof is prohibited. Section 10. Bonds and Notes. Bonds issued by the Authonty may be secured by the full faith and credit of the Authority or may be made payable solely out of certain revenues and receipts as may be designated in the proceedings under which the issuance of the bonds or notes are authorized. All Bonds issued shall carry in a prominent place thereon the statement set forth in Section 1(D) of this ordinance. All Bonds or liabilities occurring thereunder shall be satisfied exclusively from the assets or credit of the Authority, and no creditor or other person shall have any recourse to the assets, credit, or services of the City thereby, unless the City shall expressly, in writing, guarantee such debt. Bonds of the Authority may be sold at such price or prices, at public or private sale, in such manner and from time to time as may be detei by the Authority. The Authority may issue Bonds from time to time that are secured by the full faith and credit of the Member Cities in the aggregate principal amount of not to exceed (not including any bonds or notes to be refunded with proceeds of such Bonds) for the purposes set forth in the Interlocal Agreement. Bonds issued in excess of such amount shall require additional council approval by each Member City. Bonds may be payable at such place or places whether within or without the State, may bear interest at such rate or rates, may be in such form and denominations and of such tenor and maturities, may be in bearer foil/ or in registered folni as to principal and interest or as to principal alone, reserve such rights to redeem at such price or prices and after such notice or notices and on such terms and conditions, all as the Authority may deteiinine and provide in the proceedings under which such Bonds shall be issued. -6- P 1203.58 DG120358 OJ1 12/04/08 The Authority may at the time of the issuance of such Bonds make such covenants with the purchasers and holders of said Bonds as it may deem necessary to secure and guarantee the payment of the principal thereof and the interest thereon, including but not limited to: covenants to set aside adequate reserves to guarantee payment of principal and interest; to appoint a trustee or trustees to safeguard the expenditure of the proceeds of sale of such Bonds and to rake possession and use or operate and manage corporate assets securing the Bonds in event of default or insolvency or the Authority, with such powers as maybe contained in any covenants relating to the Bonds; and to limit the amount, time, and conditions under which additional Bonds may be issued or debts incurred. The Authority may pay expenses, premiums and commissions which it may deem necessary in connection with the issuance and sale of its Bonds and take such other actions or make such commitments as are necessary or convenient in the issuance and servicing of such Bonds and as are consistent with this ordinance although not enumerated herein. Section 11. Discrimination Prohibited. Membership to the Board shall not be directly or indirectly based upon or limited by age, race, color, religion, sex, national origin, or the presence of any physical handicap. Furthermore, the Authority shall not discriminate in any matter related to employment because of age, race, color, sex, national original, or the presence of any physical handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, national origin, or the presence of any physical handicap. Section 12. Dissolution. A. If five of the Councils of the Member Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, the existence of the Authority shall be terminated by ordinance of the Renton City Council. Dissolution shall be accomplished as provided in the Charter, and shall not take effect until proper provision has been made for disposition of all Authority assets, if any. B. Upon enactment of an ordinance by the Renton City Council for dissolution of the Authority, the Authority shall file a dissolution statement signed by its president setting forth: (i) The name and principal office of the Authority; (ii) The debts, obligations and liabilities of the Authority, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; (iii) Any pending litigation or contingent liabilities; (iv) The Board resolution providing for such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; and -7- P DG\20358 0J1 12104108 (v) A list of persons to be notified upon completion of the dissolution. The City Mayor shall review the dissolution statement filed and oversee the dissolution to protect the public interest and prevent impairment of obligation, or if so authorized by law, authorize or initiate proceedings in the Superior Court for the appointment and supervision of a receiver for such purposes. Upon satisfactory completion of dissolution proceedings, the City shall indicate such dissolution by inscription of "charter cancelled" on the original Charter of the Authority, on file with the Clerk of the Council and, when available, on the duplicate original of the Authority, and the existence of the Authority shall cease. The City shall give notice thereof pursuant to Washington State law and to other persons requested by the Authority in its dissolution statement. C. Upon dissolution of the Authority or the winding up of its affairs, title to all remaining assets or property of the Authority shall vest in SCORE as provided in the Charter. D. Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued by the Authority are no longer outstanding. [question for the working group would you like to add a provision that automatically dissolves the Authority once the debt is paid off?] Section 13. Public Corporation. The Authority is a public corporation created pursuant to RCW 35.21.730 through 35.21.755 as a separate legal entity from the City. Section 14. Ancillary Authority. The administrative staff of the City are granted all such power and authority as reasonably necessary or convenient to enable each of them to administer this ordinance efficiently and to perform the duties imposed in this ordinance or the Charter. Section 15. Liberal Construction. This ordinance shall be liberally construed so as to effectuate its purposes and the purposes of RCW 35.21.730 through 35.21.755. Section 16. Effective Date. This ordinance shall take effect and be in force from and after passage and publication as provided by law. -8- P'20358 DG 20358_0J 1 12/04/08 PASSED by Council this day of 2008. By Council President APPROVED by the Mayor this day of 2008. By City Mayor [SEAL] ATTEST: City Finance Director Approved as to form only: City Attorney Date of Publication of Notice of Public Hearing: Effective Date of Ordinance: -9- P1V20358_0020358_0. 12104,08 Exhibit C CHARTER OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY TABLE OF CONTENTS Paee ARTICLE I NAME AND AUTHORITY SEAL 1 ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY; LMT ON LIABILITY 1 Section 1. Authority 1 Section 2. Limitation on Liability 1 Section 3. Mandatory Disclaimer 2 ARTICLE III DURATION OF AUTHORITY 3 ARTICLE IV PURPOSE OF AUTHORITY 3 ARTICLE V POWERS OF AUTHORITY 3 ARTICLE VI LIMITS ON AUTHORITY POWERS 4 ARTICLE VII ORGANIZATION OF AUTHORITY 5 Section 1. Board of Directors and Tenure 5 Section 2. Board Concurrence and Quorum Defined 6 Section 3. Right to Indemnification 6 Section 4. Conflict of Interest and Code of Ethics 6 ARTICLE VIII OFFICERS OF AUTHORITY 6 Section 1. Officers and Division of Duties 6 Section 2. Committees 7 ARTICLE IX COMMENCEMENT OF AUTHORITY 7 ARTICLE X BYLAWS 7 ARTICLE XI MEETINGS OF THE AUTHORITY 7 Section 1. Time and Place of Meetings 7 Section 2. Notice of Meetings 7 Section 3. Notice of Special Board Meetings 8 Section 4. Waiver of Notice 8 Section 5. Notice to City Council 8 Section 6. Open Public Meetings 8 Section 7. Telephonic Participation 9 Section 8. Parliamentary Authority 9 Section 9. Minutes 9 ARTICLE XII CONSTITUENCY 9 ARTICLE XIII AMENDMENTS TO CHARTER AND BYLAWS 9 Section 1. Proposals to Amend Charter and Bylaws 9 Section 2. Proposals Initiated by the Board 9 Section 3. Board Consideration of Proposed Amendments 10 Section 4. Vote Required for Amendments to Charter or Bylaws 10 Charter i P DG120358 01Y 11/12/08 Section 5. City Council Approval of Proposed Charter Amendments 10 ARTICLE XIV MISCELLANEOUS 10 Section 1. Geographic Limitation 10 Section 2. Safeguarding of Funds 11 Section 3. Public Records 11 Section 4. Reports and Information; Audits 11 Section 5. Dissolution 11 Section 6. Nondiscrimination 12 Section 7. Nonexclusive Charter 12 ARTICLE XV APPROVAL OF CHARIER 12 Charter ii P.120358 DG12o358 OIY 11/12/08 CHARTER OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY ARTICLE I NAME AND AUTHORITY SEAL The name of this corporation shall be the "South Correctional Entity Facility Public Development Authority" (hereinafter referred to as the "Authority The corporate seal of the Authority shall be a circle with the name of the Authority and the word "SEAL" inscribed therein. ARTICLE II AUTHORITY FOR SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY; LJ MIT ON LIABILITY Section 1. Authority. The Authority is a public corporation organized pursuant to Revised Code of Washington "RCW 35.21.730 through 35.21.755, as the same now exist or may hereafter be amended, or any successor act or acts (the "Act and Ordinance No. of the City of Renton, Washington, passed on 2008 (the "Ordinance Formation of the Authority was approved by Ordinance No. of the City of Auburn, passed on 2008, Ordinance No. of the City of Des Moines, passed on 2008, Ordinance No. of the City of Federal Way, passed on 2008, Ordinance No. of the City of Tukwila, passed on 2008, Ordinance No. of the City of Burien, passed on 2008, and Ordinance No. of the City of SeaTac, passed on 2008. Section 2. Limitation on Liability. All liabilities incurred by the Authority shall be satisfied (a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, from such assets, properties or revenues of the Authority as shall be specifically pledged thereto or otherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien and SeaTac, Washington (collectively, the "Member Cities its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the Authority. Section 3. Mandatory Disclaimer. The following disclaimer shall be posted in a prominent place where the public may readily see it in the Authority's principal and other offices. It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority. The South Correctional Entity Facility Public Development Authority is organized pursuant to Ordinance No. of the City of Renton, Washington adopted on 2008, and approved by Ordinance No. of the City of Auburn, Washington adopted on 2008, Ordinance No. of the City of Des Moines, Washington adopted on 2008, Ordinance No. of the City of Federal Way, Washington adopted on 2008, Ordinance No. of the City of Tukwila, Washington adopted on 2008, Ordinance No. of the City of Burien, Washington adopted on 2008, and Ordinance No. of the City of SeaTac, Washington adopted on 2008, each as existing or as hereinafter amended, and RCW 35.21.730 through 35.21.755. RCW 35.21.750 provides as follows: "[A]11 liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Authority be payable by recourse against any properties, assets or revenues of the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or SeaTac, Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien, or SeaTac, Washington, the State of Washington or any other political subdivision thereof on account of such obligations, except to enforce the payments obligated to be made by ordinance by each of the Cities of Renton, Auburn, Des Moines, Federal Way, Tukwila, Burien or SeaTac, Washington. Any of the Member Cities may, by ordinance or contract or pursuant to interlocal agreement, agree to pay (on a contingent basis or otherwise), all or any portion of the obligations of the Authority; however, (1) no Member City shall be obligated beyond the proportion or sum specified by ordinance or contract, and (2) no Member City shall be obligated, directly or indirectly for the obligations of any other Member City. Charter 2 P {20358 DG120358 OIY 11112/08 ARTICLE HI DURATION OF AUTHORITY The duration of this corporation shall be perpetual. ARTICLE IV PURPOSE OF AUTHORITY Pursuant to chapter 39.34 RCW, the Member Cities have entered into the SCORE Interlocal Agreement (the "Interlocal Agreement for the foirnation of a governmental administrative agency known as the South Correctional Entity "SCORE SCORE is responsible for the establishment and maintenance of a consolidated correctional facility (the "SCORE Facility to serve the Member Cities and federal and state agencies and other local governments that may contract with SCORE to provide correctional services essential to the preservation of the public health, safety and welfare. The purpose of the Authority is to provide an independent legal entity under RCW 35.21.730 -.755 and the Ordinance to issue debt to finance and refinance the acquisition, construction, equipping and improvement of the SCORE Facility. Such debt may be issued in one or more series, may be in the form of bonds, notes or other evidences of indebtedness to provide interim and permanent financing for the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion and other capital improvements essential to maintain the SCORE Facility's functionality as deemed necessary by the Board. Such bonds, notes, and other evidences of indebtedness are collectively referred to herein as the "Bonds." Bonds may be issued from time to time by the Authority upon a supermajority vote of the Board. A "supermajority vote of the Board," as used in this Article, may be obtained at any regular or special Board meeting by an affirmative vote of a majority plus one of the Board members, two of which shall have the highest and the second highest average daily population at the SCORE Facility calculated at the time of the vote. For the purpose of securing the exemption from Federal income taxation for interest on obligations of the Authority, the Authority constitutes an authority and instrumentality of the City of Renton, Washington (within the meaning of those terms in regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed pursuant to Section 103 and Section 115 of the Internal Revenue Code of 1986, as amended). ARTICLE V POWERS OF AUTHORITY The Authority shall have and may exercise all lawful powers conferred by State laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Ordinance. Charter 3 P 120358_OG120358_01Y 11/12/08 ARTICLE VI LIMITS ON AUTHORITY POWERS The Authority in all activities and transactions shall be limited in the following respects: 1. The Authority shall have no power of eminent domain or any power to levy taxes or special assessments. 2. Except as otherwise agreed to by a Member City, the Authority may not incur or create any liability that permits recourse by any contracting party or member of the public to any assets, services, resources, or credit of a Member City. 3. No funds, assets, or property of the Authority shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall any funds or a substantial part of the activities of the Authority be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the State or the Council of a Member City; provided, however, that funds may be used for representatives of the Authority to communicate with members of Congress, State legislators or members of the Councils of the Member Cities concerning funding and other matters directly affecting the Authority, so long as such activities do not constitute a substantial part of the Authority's activities. 4. All funds, assets, or credit of the Authority shall be applied toward or expended upon services, projects, and activities authorized by this Charter. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable as such to, Board Members, officers or other private persons, except that the Authority is authorized and empowered to: (A) Reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in performing their duties, and compensate employees and others performing services for the Authority a reasonable amount for services rendered; (B) Assist Authority Board Members or employees as members of a general class of persons to be assisted by a corporate- approved project or activity to the same extent as other members of the class as long as no special privileges or treatment accrues to such Board Member or employee by reason of his or her status or position in the Authority; (C) Defend and indemnify any current or foi,ner Board Member or employee and their successors against all costs, expenses, judgments, and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any claim, action, or proceeding, civil or criminal, in which he or she is or may be made a party by reason of being or having been a Board Member or employee or by reason of any action alleged to have been taken or omitted by him or her in such position, provided that he or she was acting in good faith on behalf of the Authority and Charter 4 P120358 DG120358 0!Y 11/12/08 within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which Board Members or employees may be entitled as a matter of law; (D) Purchase insurance to protect and hold personally harmless any current or former Board Member or employee and their successors from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, the Authority and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the Board Members, and such insurance shall not be considered to be compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and (E) Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as long as such gain is not the object or purpose of the Authority's transactions or activities and is applied to or expended upon services, projects, and activities as aforesaid. 5. The Authority shall not issue shares of stock, pay dividends, make private distribution of assets, make loans to its Board Members or employees or otherwise engage in business for private gain. ARTICLE VII ORGANIZATION OF AUTHORITY Section 1. Board of Directors and Tenure The management of all Authority affairs shall reside in a Board of Directors. The SCORE Administrative Board created pursuant to Section 4 of the Interlocal Agreement, including all amendments, shall act ex officio as the Board of the Authority. Board Members shall have terms coextensive with their terms as members of the SCORE Administrative Board. Charter 5 P \20358_DG120358_01Y 11/12/08 Section 2. Board Concurrence and Quorum Defined. "Board concurrence" may be obtained at any regular or special Board meeting by an affirmative vote of a majority of the Board Members voting on the issue, provided that such majority equals not less than four (4) votes. Four (4) voting Board Members must be present at any regular or special meeting of the Board to comprise a quorum, and for the Board to transact any business. Proxy voting shall not be allowed. The Bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section. Board Members present at a duly convened meeting may continue to transact business notwithstanding the departure of enough members to leave less than a quorum. Section 3. Right to Indemnification. To the extent permitted by law, the Authority may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law. Section 4. Conflict of Interest and Code of Ethics. The Authority shall, in the Bylaws, adopt a code of ethics policy for Board Members. All Board Members will be required to disclose any information concerning actions or activities of the candidate or his/her immediate family that present a potential conflict of interest as a Board Member. ARTICLE VIII OFFICERS OF AUTHORITY Section 1. Officers and Division of Duties. The Authority shall have at least one officer, the President, selected as provided in the Bylaws. Subject to the control of the Board, the President shall have general supervision, direction and control of the business and affairs of the Authority. The President shall be the agent of the Authority for service of process. On matters decided by the Authority, unless otherwise required under the Ordinance or by this Charter, the signature of the President alone is sufficient to bind the corporation. Charter 6 P:120358_DG■20358_01Y 11/12/08 The Bylaws may designate additional corporate officials as agents to receive or initiate process. The Board also may provide for additional officers, e.g., Vice President, Secretary, and/or Treasurer. The President and the Treasurer may not be the same person. The day to day affairs of the Authority, including debt administration, shall be managed by the Facilities Director of the SCORE Facility, in the manner provided in the Interlocal Agreement. Section 2. Committees. The Bylaws may provide for an Executive Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board, as may be specified in the Bylaws. The appointment of other committees shall be provided for. in the Bylaws. ARTICLE IX COMMENCEMENT OF AUTHORITY The Authority shall commence its existence effective upon the issuance of its Charter as sealed and attested by the City Clerk of the City of Renton as provided in the Ordinance. ARTICLE X BYLAWS The initial Bylaws may be amended by the Board to provide additional or different rules governing the Authority and its activities as are not inconsistent with this Charter. The Board may provide in the Bylaws for all matters related to the governance of the Authority, including but not limited to matters referred to elsewhere in the Charter for inclusion therein. ARTICLE XI MEETINGS OF THE AUTHORITY Section 1. Time and Place of Meetings. Regular meetings of the Board shall be held at least two times per year at a regular time and place to be determined by the Board by resolution. At the last regular meeting of the calendar year, the Board shall adopt a resolution specifying the date, time and place of regular meetings for the upcoming calendar year. A copy of the resolution shall be distributed in the same manner as notice of special meetings is provided pursuant to Section 3 below. Special meetings of the Board may be held at any place at any time whenever called by the President or a majority of the Board Members. Section 2. Notice of Meetings. Charter 7 P•120358_DG\20358_01Y 11/12/08 No notice of regular meetings shall be required, except for the first regular meeting after any change in the time or place of such meeting adopted by resolution of the Board as provided above. Notice of such changed regular meeting shall be given by the President or by the person or persons calling the meeting by email or by personal communication over the telephone to each Board Member least 24 hours prior to the time of the meeting or by at least three (3) days' notice by mail, telegram, electronic or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board Member. Section 3. Notice of Special Board Meetings. Notice of all special meetings of the Board of Directors shall be given by the President or by the person or persons calling the special meeting in accordance with RCW 42.30.080 by delivering personally, by electronic means or by mail written notice at least 24 hours prior to the time of the meeting to each Board Member, to each local newspaper of general circulation and to each radio or television station that has requested notice and to any other individual specifically requesting it in writing. The call and notice of all special meetings shall specify the time and place of all special meetings and the business to be transacted. Final disposition shall not be taken by the Board on any other matters at such special meetings. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 4. Waiver of Notice. Notice as provided in Sections 2 and 3 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board of the Authority a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, where time requirements of such notice would make notice impractical and increase the Likelihood of such injury or damage. Notice, as provided in Article XIII of this Charter concerning proposed amendments to this Charter or Bylaws and votes on such amendments, may not be waived. Section 5. Notice to City Council. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Council of the Member Cities by giving notice to the City Clerk of each of the foregoing Member Cities. Section 6. Open Public Meetings. All Board meetings, including executive, all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by chapter 42.30 RCW. The Board and committees may hold executive sessions to consider matters enumerated in chapter 42.30 RCW or privileged matters recognized by law, and shall enter the cause therefor in its official journal. Notice of meetings shall be given in a manner consistent with the Ordinance and chapter 42.30 RCW. In addition, the Authority shall provide reasonable notice of meetings to Charter 8 P. 120358_D020358_0lY 11/12/08 any individual specifically requesting it in writing. At such meetings, any person shall have a reasonable opportunity to address the Board either orally or by written petition. Section 7. Telephonic Participation Board Members may participate in a regular or special meeting through the use of any means of communication by which all Board Members and members of the public participating in such meeting can hear each other during the meeting. Any Board Member participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. Section 8. Parliamentary Authority. The rules in Robert's Rules of Order (newly revised) shall govern the Authority in all cases to which they are applicable, where they are not inconsistent with this Charter or with the special rules of order of the Authority set forth in the Bylaws. Section 9. Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board approval. ARTICLE XII CONSTITUENCY There shall be no constituency of the Authority. ARTICLE XIII AMENDMENTS TO CHAR'I'ER AND BYLAWS Section 1. Proposals to Amend Charter and Bylaws. Proposals to amend this Charter may be initiated by the Renton City Council or by the Board Members. Proposals to amend the Bylaws may be initiated by the Board Members. Proposals to amend the Charter initiated by the Renton City Council shall be presented to the Board in a format as provided in Section 2(1), in accordance with the terms of the Ordinance. Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner described in the following Sections 2 and 3. Section 2. Proposals Initiated by the Board. Charter 9 P:\20358_DG\20358_01Y 11/12/08 1. Proposals to amend the Charter or Bylaws shall be presented in a format which strikes over material to be deleted and underlines new material. 2. Any Board Member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which 30 days advance written notice has been given to members of the Board. Any notice required by this Article may be given by telegram, electronic or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to the last known address of each Board Member. Section 3. Board Consideration of Proposed Amendments. If written notice of a proposed amendment to the Charter or to the Bylaws, and information, including the text of the proposed amendment and a statement of its purpose and effect, is provided to Board Members at least 30 days prior to any regular Board meeting or any special meeting of which advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. Germane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. Section 4. Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than four (4) votes. Amendments to this Charter shall be effective as provided in Section 5 of this Article. Amendments to the Bylaws shall be effective upon adoption by the Board. Section 5. City Council Approval of Proposed Charter Amendments. Proposed Charter amendments initiated and approved by the Board shall be submitted to the each of the Councils of the Member Cities; provided, however, that no amendment to the Charter shall be effective until approved by the Renton City Council and the Councils of four (4) of the other Member Cities. ARTICLE XIV MISCELLANEOUS Section 1. Geographic Limitation. The Authority may conduct activities outside of the boundaries of the City of Renton, Washington, including but not limited to acquiring, equipping, constructing, improving and maintaining the SCORE Facility located in the City of Des Moines, Washington, upon Charter 10 P:\20358_DG120358_01Y 11/12/08 determination by the Renton City Council that each such activity will further the purposes of the Authority, subject, however, to the applicable limitations set forth in RCW 35.21.740. Section 2. Safeguarding of Funds. Authority funds shall be deposited in a qualified public depository as determined by the Washington Public Deposit Protection Commission. Section 3. Public Records. The Authority shall maintain all of its records in a manner consistent with the Preservation and Destruction of Public Records Act, chapter 40.14 RCW. The public shall have access to records and information of the Authority to the extent as may be required by applicable laws. Section 4. Reports and Information; Audits. Within three (3) months after the end of the Authority's fiscal year, the Authority shall file an annual report with the Finance Director and Council of each Member City containing an audited statement of assets and liabilities, income and expenditures and changes in the Authority's financial position during the previous year; a summary of significant accomplishments; a list of depositories used; a projected operating budget for the current fiscal year; a summary of projects and activities to be undertaken during the current year; a list of a list of officers of the Board; and a list of individuals, if any, that are bonded pursuant. The Authority shall, at any time during withal business hours and as often as each City Finance Director or the State Auditor deem necessary, make available to each City Finance Director and the State Auditor for examination all of the Authority's financial records, and shall permit the each City Finance Director and State Auditor to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all the aforesaid matters. Section 5. Dissolution. Dissolution of the Authority shall be in the form and manner required by this Charter, Washington State law, the Ordinance, and the Bylaws. Dissolution proceedings may be initiated by the Council of any of the Member Cities or, if the Board makes an affirmative fording that dissolution is necessary or appropriate, the Board may adopt a resolution requesting Councils of the Member Cities to adopt an ordinance dissolving the Authority. In either case, if five (5) of the Councils of the Member Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, then the existence of the Authority shall be terminated by ordinance of the Renton City Council. Upon dissolution of the Authority and the winding up of its affairs, the Board shall file a dissolution statement as provided in the Ordinance. Title to all remaining property or assets of Charter 11 P•t20358_OGt20358_0IY 11/12/08 the Authority shall vest in SCORE or if there is no SCORE in existence at the time, then all property and assets shall be distributed to the Member Cities in an allocable amount calculated as provided in the Interlocal Agreement. Notwithstanding the foregoing, the Authority shall not be dissolved until all Bonds issued by the Authority are no longer outstanding. [question for the working group would you like to add a provision that automatically dissolves the Authority once the debt is paid off?] Section 6. Nondiscrimination. Membership to the Board shall not be directly or indirectly based upon or limited by age, race, color, religion, sex, national origin, or the presence of any physical handicap. Furthermore, the Authority shall not discriminate in any matter related to employment because of age, race, color, sex, national original, or the presence of any physical handicap. The Authority shall, in all solicitation or advertisements for employees placed by or on behalf of the Authority, if any, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, national origin, or the presence of any physical handicap. Section 7. Nonexclusive Charter. This Charter is nonexclusive and does not preclude the granting by Member Cities of other charters to establish additional public corporations pursuant to City ordinance. ARTICLE XV APPROVAL OF CHARTER ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council of the City of Renton, Washington on 2008; Ordinance adopted by the City Council of the City of Federal Way, Washington on 2008; Ordinance adopted by the City Council of the City of Auburn, Washington on 2008; Ordinance adopted by the City Council of the City of Des Moines, Washington on 2008; Ordinance adopted by the City Council of the City of Tukwila, Washington on 2008; Ordinance adopted by the City Council of the City of Burien, Washington on 2008; and Ordinance adopted by the City Council of the City of SeaTac, Washington on 2008. This Charter is APPROVED this day of 2008. Mayor, City of Renton [SEAL] Charter 12 P 120358_DG120358_OfY 11/12108 ATTEST: City Clerk Charter 13 P"\20358_DG\20358_OIY 11/12/08 EXIITBIT D BYLAWS OF SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT AUTHORITY ARTICLE 1 MEMBERSHIP Section 1.1 Board Tenure. For the purpose of determining members of the South Correctional Entity Facility Public Development Authority (the "Authority Board of Directors (the "Board the procedures set forth in the Authority Charter (the "Charter and the SCORE Interlocal Agreement (the "Interlocal Agreement by and among the Cities of Renton, Auburn, Federal Way, Des Moines, Tukwila, Burien, and SeaTac, Washington (the "Member Cities shall govern. ARTICLE II OFFICERS AND COMMITTEES Section 2.1 Officers Designated. The Presiding Officer of the Administrative Board selected in the manner provided in Section 4(e) of the Interlocal Agreement shall be the President of the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously hold more than one office. In addition to the powers and duties specified below, the officers shall have such powers and perform such duties as the Board may prescribe. Section 2.2 Oualification and Tenn of Office. The additional officers shall be members of the Board or any other person designated by the Board who is at the time an official or employee of at least one of the Member Cities or the SCORE Facility. The additional officers shall be elected or appointed by the Board and shall hold office for terms established as a part of the original appointment or for terms established in accordance with the Interlocal Agreement. Section 2.3 Removal From Office. Upon reasonable prior notice to all Board Members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of the Board Members may remove any officer of the Board from his or her office whenever in its judgment the best interests of the Authority will be served thereby. Section 2.4 Vacancies. The Board shall fill any office which becomes vacant with a successor who shall hold office for the unexpired term and until his or her successor shall have been duly appointed and qualified. Section 2.5 Reimbursement. The Board may reimburse Board Members, employees and others performing services for the Authority reasonable expenses actually incurred in performing their duties. Section 2.6 Establishment of Committees. The Board may, by resolution, designate one or more other committees, including an Executive Committee, each consisting of one or more members, to advise the Board or, on matters other than those described in the Charter to act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any Board Member of any responsibility imposed by law. The Executive Committee, if any, shall have and exercise such powers of the Board as the Board shall from time to time provide by resolution. Section 2.7 Code of Ethics. (a) Except as otherwise provided in this section, no Board Member or employee of the Authority may: (1) Participate in a decision of the Authority in which that person or a member of that person's immediate family has a financial interest, unless the financial interest is a remote financial interest and participation is approved under subsection (b) of this section; (2) Use his or her position to secure special privileges or exemptions for himself, herself, immediate family members, or others; (3) Directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the Authority for a matter connected with or related to such individual's services in his or her position unless otherwise provided for by law; (4) Accept employment or engage in business or professional activity that such individual might reasonably expect would require or induce him or her by reason of his or her position with the Authority to disclose confidential information acquired by reason of his or her position; or (5) Disclose confidential information gained by reason of such individual's position with the Authority, or otherwise use such information for his or her personal gain or benefit. (b) A Board Member or employee of the Authority may participate in a decision described in (a)(1) above if that person or a member of that person's immediate family has only a remote financial interest, the fact and extent of such financial interest is disclosed to the Board in a public meeting, and is noted in the minutes of the Board before any participation by the Board Member in the decision, and thereafter in a public meeting the Board by vote authorizes or approves the participation. If the person whose participation is under consideration is a Board -2- P:120358_DG20358 01Z 11/12/08 Member, that person must recuse him or herself and may not participate in a decision under this subsection. Any Board Member with an ownership interest in property located within the Authority area shall recuse him or herself from participating in a decision if such property is directly benefiting from such action. For purposes of this subsection, "remote financial interest" means: (1) That of a nonsalaried officer of a nonprofit corporation; (2) That of an employee or agent of a contracting party where the compensation of the employee or agent consists entirely of fixed wages or salary and the contract is awarded by bid or by other competitive process; (3) That of a landlord or tenant of a contracting party, except in cases where the property subject to the lease or sublease is owned or managed by the public corporation; (4) That of a holder of less than one percent of the shares of the corporation or cooperative that is the contracting party; or (5) That of an owner of a savings and loan or bank savings or share account or credit union deposit account if the interest represented by the account is less than two percent of the total deposits held by the institution. (c) A Board Member or employee of the Authority is not considered to be financially interested in a decision when the decision could not affect that person in a manner different from its effect on the public at large. (d) All Board Members shall disclose any information concerning actions or activities of the candidate or his/her immediate family that present a potential conflict of interest as a Board Member. (e) For purposes of this section, "participate in a decision" includes all discussions, deliberations, preliminary negotiations, and votes. (f) For purposes of this section, "immediate family" means: (1) A spouse or domestic partner; (2) Any dependent parent, parent -in -law, child, son -in -law, or daughter -in- law; and (3) Any parent, parent -in -law, child, son -in -law, daughter -in -law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of the Board Member or employee. -3- P:120358 DG120358 01Z 11/12/08 (g) The Board may adopt additional conflict of interest and ethical rules it considers appropriate. ARTICLE III ADMINISTRATIVE PROVISIONS Section 3.1 Books and Records. SCORE, on behalf of the Authority, shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The proceeds of any borrowing by the Authority shall be held, invested and disbursed by SCORE, subject to the terms and limitations established pursuant to the Interlocal Agreement. SCORE shall provide a regular accounting of the fmancial affairs of the Authority to the Board at each regular Board meeting. The obligations of the Authority shall be administered by SCORE, and SCORE is hereby designated and delegated with full authority to administer such obligations, all in a manner consistent with the Interlocal Agreement. Section 3.2 Indemnification. The Authority elects to defend and indemnify its present and former Board Members and employees and their successors, spouses, and marital communities to the full extent authorized by law and the Charter. This right of indemnification shall inure in perpetuity to each Board Member and employee, and his or her spouse and marital community, commencing as soon as he or she has the full powers and responsibilities of his or her position, and in the event of his or her death shall extend to his or her heirs, legal representatives, and estate. Each person who shall act as a Board Member or employee of the Authority shall be deemed to do so in reliance upon such indemnification, and such rights shall not be exclusive of any other right which he or she may have. Section 3.3 Principal Office. The principal office of the Authority shall be [1055 South Grady Way], Renton, Washington 98055. Section 3.4 Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end December 31 of each year, except the first fiscal year which shall run from the date the Charter was issued to December 31, 2008. ARTICLE IV APPROVAL OF BYLAWS APPROVED by Ordinance adopted by the City Council of the City of Renton, Washington on 2008; Ordinance adopted by the City Council of the City of Federal Way on 2008; Ordinance adopted by the City Council of the City of Auburn on 2008; Ordinance adopted by the City Council of the City of Des Moines on 2008; Ordinance adopted by the City Council of the City of Tukwila on 2008; Ordinance adopted by the City Council of the City of Burien on 2008; and Ordinance adopted by the City Council of the City of SeaTac on 2008. 'Q P:120358 DG120358 0IZ 11/12/08 CO UNCIL A GENDA SYNOPSIS O J� 2 Marais ITEM -r P 1lleeti,i Date Prepared by 1 Mayor's review Council review Q !i/ ■c' t I 12/08/08 1 RB fi r_ 12/15/08 RB I�f.,�i� f 1a.1J I 1 908 ITEM INFORMATION ( CAS NUMBER 08-162 I ORIGINALAGENDA DATE. DECEMBER 8, 2008 AGI :ND ITEN'TrIl.I. Contract amendment Commercial Development Solutions C. \"I'I Dia-union Motion Resolution Ordinance BzdAwarcl Public Heanng Other dltg Date 12/8/08 z11tg Date 12/15/08 Mtg Date rlltg Date Mfg Date Mfg Date Mfg Date 1 SPt)NSOR (1 Council Mayor Adm Svcs DCD Finance Fire Legal 1 1 P &R Police n PIV SPONSOR'S The contract with Commercial Development Solutions will expire on December 31, 2008. SUMMARY The City entered into the contract for project management for the Tukwila South project. The Council is being asked to extend the contract to June 30, 2009. RI :ViEwID BY COW Mtg. CA &P Cmte fl F &S Cmte 1 1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. 1 1 Planning Comm. DA 1E: 12/8/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize the Mayor to sign the agreement COMMPITEE The CAP meeting was held directly before the Committee of the Whole COST IMPACT FUND SOURCE EXPI ?NDI.1•URI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $48,000 $48,000 Fund Source. MAYOR'S OFFICE PROFESSIONAL SERVICES Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION I 12/08/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 12/08/08 Informational memorandum dated 11/20/08 Contract Amendment (No committee minutes are available as this item was discussed directly before this Committee of the Whole meeting. It was originally scheduled for the 11 /24/08 CAP and time ran out before the Committee could discuss the item, pushing it forward to the 12/8/08 CAP.) 12/15/08 No attachments �NILA, COUNCIL AGENDA SYNOPSIS ti 1 „Ztta �I JN' No. 1 i P` Meeting Date Prepared b I Mayors review 1 Counal review 1 c`” t 0 10/13 &10/20 LV 12/01/08 LV 1908 12/08/08 1 LV 1 t, 1 C), 1 12/15/08 1 LV ITEM INFORMATION I CAS NUMBER: 08-125 'ORIGINAL AGENDA DATE: OCTOBER 13, 2008 AGENDA I'I'EMTITLE An Ordinance adopting the Fire Master Plan, adopting Mayor's recommendations, and establishing Level of Service Standards C.\TI?GOiv Discussion Motion n Resolution Ordinance n Bid Award Public Hearing Other %tg Date Mtg Date ftg Date t11tg Date 12/15/08 Mtg Date tbftg Date 10/20/08 Mtg Date n 10 /7? /ORR- 12/8/08 I S i c )NS( R Coun,zl Mayor Adrn Svcs n DCD Finance Fire Legal P &R Police PW SPONSOR'S An Ordinance adopting the Fire Master Plan, adopting Administration responses to Plan SUMMARY recommendations (implementation), and establishing Level of Service for fire services. RE,\' 11: WI..D BY COW Ivltg. CA &P Cmte F &S Cmte 1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE.. 8/19/08 F 9/23/08 F 10/13/08 COW RECOMMENDATIONS: SPONSOR /ADMIN. Approve and forward to COW for discussion C MMJYE'EE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE E\P1;NDITURI{ RI?c?UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 10/13/08 I Forward to the next Regular Meeting 10/20/08 I Forward to 12/01/08 Regular Meeting 11 12/01/08 Forward to 12/08/08 Committee of the Whole 12/08/08 Forward to 12/15/08 Regular Meeting MTG. DATE ATTACHMENTS 10/13/08 Informational Memorandum dated 8/19/08 (revised 10/13/08) to include attachments: Addendum 1 (to be added to Fire Master Plan, distributed previously) Exhibits B &C Ordinance in draft form Minutes from the Finance Safety Committee meetings of 8/19/08 and 9/23/08 10/20 12/1 Ordinance in final form 12/08/08 Informational memorandum dated 12/3/08; Addendum 1; Ordinance in final form (Please bring your CO, W. agenda packet from 10/13/08 for reference) (Please bring your copy of the Fire Master Plan, distributed previously) 12/15/08 Info memo dated 12 /10 /08;Ordinance in final form with Exh. 8 Addendum 1 INFORMATION MEMORANDUM TO: City Council CC: Mayor Haggerton City Administrator FROM: Lisa Verner, Project Manager Nick Olivas, Fire Chief DATE: December 10, 2008 RE: FIRE MAS "1'ER PLAN AND ADDENDUM #1 ISSUE Adopt an ordinance adopting the 2008 Fire Master Plan with Mayor's recommendations for implementation, Level of Service and Capital Facilities projects. DISCUSSION Adoption of the 2008 Fire Master Plan is on the Council agenda for the Regular Meeting of December 15, 2008. The Fire Master Plan consists of two pieces: the plan itself and the 2 -page Addendum #1. The Fire Master Plan was distributed in August. Addendum #1 is attached for your convenience. The two documents combined are the 2008 Fire Master Plan. Please note that the dollar amounts in the Addendum #1 are from ESCi, the consultants who prepared the rest of the Fire Master Plan. The dollar amounts are ESCi's estimates of costs and include ranges. The dollar amounts listed in the Mayor's Recommendations and in other documents, such as the capital facilities list attached to the proposed Fire Impact Fee ordinance, are different. They represent the Administration's cost calculations using 2008 dollars and are consistent with the proposed 2009 -2010 budget. RECOMMENDATION Adopt the 2008 Fire Master Plan and Addendum #1, including the Mayor's recommendations for implementation, level of service and capital facilities projects, by ordinance at the Regular Meeting on December 15, 2008. �1. 1908 C ity of Tuk Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2008 FIRE MASTER PLAN WITH THE INCLUSION OF THE MAYOR'S RESPONSE SPECIFYING PHASED IMPLEMENTATION; ESTABLISHING LEVEL -OF- SERVICE GOALS FOR FIRE SERVICES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to have a fire strategic plan, addressing fire services needed for growth in the next decade and establishing level -of- service goals for the Fire Department; and WHEREAS, the City Council desires to adopt the recently- prepared 2008 Fire Master Plan, which contains level -of- service recommendations; and WHEREAS, the 2008 Fire Master Plan provides a comprehensive analysis of the services provided by the Fire Department; and WHEREAS, the Mayor has reviewed and responded to the 2008 Fire Master Plan, specifying phased implementation based on available funding of the recommenda- tions contained therein; and WHEREAS, the City Council has reviewed the 2008 Fire Master Plan and has accepted the Mayor's recommendations; and WHEREAS, the Fire Master Plan, the Mayor's response thereto, and the City's level -of- service goals for fire services were presented to the public for comment and modification at a public hearing on October 20, 2008, NOW, THEREFORE, THE C11 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Fire Master Plan. The City of Tukwila hereby adopts the 2008 Fire Master Plan as Exhibit A, and by this reference fully incorporated herein, and the Mayor's recommendations as Exhibit B, which is attached hereto. Section 2. Fire Level of Service. The City of Tukwila hereby adopts the following Level -of- Service Goals for the Fire Department: Establish a goal of 5 minutes, 33 seconds, for response to calls- for service within the City, at least 90% of the time. Operate four fire stations distributed throughout the City. Provide the following fire services: prevention, suppression, aid, rescue, hazardous materials response and public education. Maintain equipment level of three front -line fire engines, one front -line aerial fire engine, and one front -line aid car Maintain personnel level of three shifts of professional firefighters. G \Documents and Settings \All Users Desktop \Kelly \MSDATA Ordinances \Fire Master Plan-doe km 12/10/2008 Page 1 of 2 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 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council. 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U t s y U U O 4 0 -<C any .�4, PI cn U c A U 1- x oo U Pi w cn tn O rc r U a 7<-d c3 cci v Cd O P- (I3 u c" O O O 0 2 O O o pt Pa 0 W 00 C) M O 0 O 0 va 9 CS 0 O y 0 Cr) 0 SY c In c cd 0 0 Cd O N N N O tD v 0 0 ,.0 CA v, c3 O 0 cQ U p c 0 y 5 in `n 0 O t!1 n p '1 N V N M CC Cri G 0 0 h✓ Addendum Addendum I Recommended capital expenditures for the City of Tukwila included replacement of two facilities: Fire Station No. 51 and 52. A key element of the facility development is the acquisition of suitable property to locate the structures. The amount of land identified for Fire Station No. 51 replacement is 3.3 acres and 1.0 acre for a replacement of Fire Station No. 52. Bare land in the central business district for Fire Station No. 51 is estimated to cost approximately $35.00 per square foot.' Raw land on the hill section, to relocate Fire Station No. 52 is slightly less at approximately $20 -25 per square foot.' Estimates of the cost to purchase and for the two fire stations is in Figure 1. Figure 1: Estimated Cost of Land for Replacement Fire Station No. 51 52 No Replacement r Na =of S quare _Cost er.Square Foot Total p q Acres_ Feet Fire Station No. 51 1 3 3 1 143,560 1 $35.00 $5,031,180 Low Range $871,200 $20 00 Fire Station No. 52 1.0 43,560 High Range $1,089,000 $25.00 $5,902,380 Total to $6,120,180 Property acquisition cost for Fire Station No. 51 and 52 ranges from $5,902,380 to $6,120,180. Summary of Capital Needs from Community Growth An impact fee is a fee implemented by a local government on a new or proposed development to assist or pay for that portion of the costs that the new development affects existing public services. The fees are a charge on new developments to help fund and pay for the construction or needed expansion of offsite capital improvements. These fees reduce the economic burden on local jurisdictions that are trying to deal with population and service demand growth in the area. Source: Brian A. Bruininks, Certified Commercial Investment Member (CCIM), The Andover Company. 2 Note: 1 acre 43 560 square foot. A summary of capital requirements for the City of Tukwila Fire Department comprises the procurements for both existing needs and those to meet the needs that result from new development. The capital requirements to serve future growth of the City were separated from those designated to meet current service demand. An estimate of the capital requirements for facilities and apparatus to meet future service demand is complied in Figure 2. Figure 2: Capital Requirements Linked to New Development Capital Item T otal,'Square Square.Feettinked Cost Linked to P Total Cost :Fe :et #o:linpact Impact Construction cost of relocated Fire Station 25,000 15,000 $11,870,000 $7,1 22,000 No. 51 New Aid Car for Fire N/A N/A $185,000 185,000 Station No. 51 Fire Engine for Fire $525,000 Station No. 54 N/A N/A to 5750,000 (replacement for $750,000 aerial apparatus) Land requirement for relocated Fire Station 43,560 5871,200 No. 52 (required if 43,560 to $1 ,089,000 Fire Station No. 5115 (1.0 acre) relocated) 51,089,000 Construction cost of relocated Fire Station N/A N/A $3,500,000 53,500,000 No. 52 Total Cost Linked to Impact I $12,646,000 The capital cost of facilities and apparatus to meet service demand linked to the impact from growth totals $12,646,000. CO UNCIL AGENDA SYNOPSIS c. r l Initial,- ITEM No. ii A 0 Aleetuzp Date Prepared b Mayor's review alma! review 10/13/08 C; j :-i 1 10/20/08 LV 1 t�s—�. �soa 11/10/08 LV I .-1- E, 12/01/08 LV I LL 12/15/08 ITEM INFOR ATION I CAS NUMBER: 08-126 !ORIGIN.U. AGENDA DAM: OCTOBER 13, 2008 _1GNND I•rl..al TITLE Proposed emergency Comprehensive Plan Amendment to amend the Capital Facilities Element C.\ ;()R1" Dijcusszon Motion n Resolution Ordinance ❑Bid Award Public Meeting Other illtg Date 11/10/08 Mtg Date l itg Date Mtg Date 12/15 Mfg Date Mt; Date 11/10/08 lltg Date SP( )NSOR Council Mayor Adm Svcs DCD Finance Fire 1 Legal 1 P &R Police 1 1 PIY/ SP \tit )lt'S Proposed emergency Comprehensive Plan Amendment to add "Fire" to the list of uses funded by the St'\I \I CRY General Fund; to reference the Fire and Parks Master Plans; and to add Levelof Service goals for Fire and Parks services to the Capital Facilities Element of the City's Comprehensive Plan. Planning Commission recommends approval to City Council based on staff recommendations. Discussion took place in PUBLIC MEETING FORMAT at the 11/10/08 Committee of the Whole meeting. RI .I'II \XV.1) BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte El Arts Comm. Parks Comm. Planning Comm. DATE: 9/22/08 CAP, 9/23/08 FS (Info Only), 10/13/08 COW, 10/20/08 Regular, 10/30/08 Planning Commission; 11/10/08 COW RECOMMENDATIONS: SPONSOR /ADMIN. Approve and forward to COW for discussion COMMIYFEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Exii SNDI'FURE RI AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source Coimnen I MTG. DATE RECORD OF COUNCIL ACTION 10/13/08 Forward to next Regular Meeting 10/20/08 Forward to Planning Commission, return to COW 11/10/08 Forward to 12/1/08 Regular Meeting 112/01/08 Forward to 12/15/08 Regular Meeting MTG. DATE ATTACHMENTS 10/13/08 Informational Memorandum dated 9/22/08 with attachments Minutes from the Community Affairs Parks Committee meeting of 9/22/08 Minutes from the Finance Safety Committee meeting of 9/23/08 10/20/08 No attachments 11/10/08 Staff report to the Planning Commission Public Hearing date 10/30/08 Minutes from the Planning Commission meeting 10/30/08 12/01/08 Ordinance in Final form 12/ 15/08 (Please bring your C,O. W agenda packet from 11/10/08 for reference) Ordinance in final form rsaa_ City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE CAPITAL FACILITIES ELEMENT OF THE CITY'S COMPREHENSIVE PLAN TO ADD "FIRE" TO THE LIST OF USES FUNDED BY THE GENERAL FUND, TO REFERENCE AND INCORPORATE BY REFERENCE THE 2008 FIRE MASTER PLAN AND THE 2008 PARKS, RECREATION AND OPEN SPACE PLAN, AND TO ADD LEVELS OF SERVICE FOR FUZE AND PARKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Growth Management Act [RCW 36.70A.070(3)] calls for a city's Comprehensive Plan to identify the functional areas for which capital facilities are budgeted and funded; and WHEREAS, the Capital Facilities Element of Tukwila s Comprehensive Plan does not include "Fire" as one of the functional areas in which general government capital facilities are needed or planned; and WHEREAS, the Capital Facilities Element does not reference or incorporate by reference the Fire Master PIan or the Parks, Recreation and Open Space Plan as a basis for capital facilities planning; and WHEREAS, the Capital Facilities Element does not identify levels of service for either Fire services or Parks services; and WHEREAS, the City Council believes that these changes provide compliance with the Growth Management Act and facilitate the City's evaluation and prioritization of new fire and parks capital facilities needs and expenditures, and that the City's Comprehensive Plan should reflect these changes; and WHEREAS, in order to provide early and continuous public participation, a public hearing was held at the October 30, 2008 Planning Commission meeting, and at the November 10, 2008 Committee of the Whole City Council meeting; and WHEREAS, at the October 30, 2008 Planning Commission meeting, the Commission considered and voted to recommend adoption of this proposed amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds that the City desires to plan and budget for Fire and Parks capital facilities, using the 2008 Fire Master Plan and the 2008 Parks, Recreation and Open Space Plan as the basis for capital facilities planning. The Council further finds that a standard mechanism (levels of service) to evaluate and prioritize new Fire and Parks capital facilities needs and expenditures is needed and desirable, and that adoption of these changes will benefit the community as the City plans for its future growth. C Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Comp PIan Amend Fire Master Plar_doe Lvksn 12/11/2008 Page 1 of 2 Section 2. Amendments to the Comprehensive Plan Adopted. Pursuant to RCW 36.70A.070(3), the Capital Facilities Element of the City's Comprehensive Plan is hereby amended, as set forth in Exhibit "A" to this ordinance. 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number Attachments: Exhibit A C \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordina r a \Comp Plan Amend Fire Master Plandoc LV:ksn 12 /11/2008 Page 2 of 2 EXHIBIT A Reference Fire Master Plan and Parks, Recreation and Open Space Plan. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows (3 paragraph under Purpose, page 161): The City has prepared a comprehensive list of proposed capital facility improvements, estimated their cost and identified their potential benefits. The current information is contained in the Financial Planning Model and Capital Improvement Program, 2004 -2009, the 2008 Fire Master Plan, the 2008 Parks, Recreation, and Open Space Plan and in the Capital Facilities Element Background Report Supplement, dated 2004, all of which are adopted by reference as part of this Plan. The City annually reviews and updates this information and will continue to do so as the implementation of the Comprehensive Plan proceeds. Additional Facilities. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows: (3 bullet under Issues: General Government Facilities, page 162) The General Fund includes money for fire, parks, trails and fisheries projects Additional Services. The Capital Facilities Element of the City's comprehensive plan shall be amended as follows (Goal 14.1, page 165): Public facilities and services that reflect desired levels of quality, address past deficiencies, and anticipate the needs of growth through acceptable levels of service, prudent use of fiscal resources, and realistic timelines Fire Level of Service. In the Capital Facilities Element of the City's comprehensive plan, add a new "Policy 14.1.14" (p. 166) as follows: Use the following levels of service to guide City investments in Fire services: Establish a goal of response to calls for service within the City in 5 minutes 33 seconds 90% of the time Operate 4 Fire Stations distributed throughout the City Provide the following fire services: prevention, suppression, aid, rescue, haz -mat response, and public education Maintain equipment level of 3 front line fire engines, 1 front line aerial fire engine, and 1 front line aid car Maintain personnel level of 3 shifts of professional firefighters per day Parks Level of Service. In the Capital Facilities Element of the City's comprehensive plan, add a new "Policy 14.1.15" (page 166) as follows: Use the following levels of service to guide Parks acquisition and improvement decisions: LEVEL OF SERVICE (LOS) STANDARDS 2022 2008 Population: 24,719 Population: 17,930 (estimated) Park/Facility Service Current Unit of LOS Surplus LOS Surplus Type Area Inventory Measurement Demand (Deficit) Demand (Deficit) up to Y2 1.2 0.07 acres per Mini Park mile acres 1,000 pop. 1.20 0 1.65 (0.45) Neighborhood 1 /2 to 1 50.4 2.81 acres per Park* mile acres 1,000 pop. 50.40 0 69.48 (19.08) Community 1 -5 25.0 1.39 acres per Park miles acres 1,000 pop. 24.97 0 34.43 (9.46) 5 -20 132.0 7.36 acres per Regional Park miles acres 1,000 pop. 131.99 0 181.97 (49.98) 33.5 1.87 acres per Open Space acres 1,000 pop. 33.50 0 46.18 (12.68) Neighborhood 1.9 0.90 miles of trail Connector" miles per 1,000 pop. 16.11 (14.20) 22.21 (20.30) 11.4 0.64 miles of trail Regional Trail miles per 1,000 pop. 11.40 0 15 72 (4.32) Community 1 1 per Center center 15,000 pop. 1.20 (0.20) 1.65 (0 65) 22.3 acres of neighborhood parks are school district property developed as a park. The acreage above includes only parks in the City of Tukwila. Regional park needs can be met outside of the City boundaries. ***Includes neighborhood connectors listed in the Walk Roll Plan. Reorder "Enterprise Fund Policies." In the Capital Facilities Element of the City's comprehensive plan, renumber the existing "Enterprise Fund Policies" (page 166) beginning with 14.1.16 and continuing through 14.1.20. fit; ILA COUNCIL AGENDA SYNOPSIS Q 2� Inrttalt ITEM No. f j Meeting Dale f Prepared by 1 Mayor' review I Couual review °i 11/24/08 1 LV 1 1 ti, FAA/ 12/01/08 1 LV I' ,.A- 7908 I 12/08/08 1 LV I 12/15/08 1 LV I A4-0- 7, P ITEM INFORMATION I CAS NUMBER. 08-146 (ORIGINAL AGENDA DATE: NOVEMBER 24, 2008 AGNND.\ ITEm TITLE Ordinances for Fire and Parks Impact Fees C.vn .c,( )RY Disats.don Motion Resolution Ordinance n Bic Airard Public Hearing U Other lltg Date 12/8/08 tl ftg Date kits Date Mtg Dote 12/15/08 tlltg Date Mbltg Dote 11/24/08 Mtg Date !SPONSOR )R U Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIS SPONSOR'S Discussion regarding adoption of impact fees for Fire and impact fees for Parks. Decisions Su`rar \iiY needed include: 1) what total dollar value of capital projects for Fire, 2) the split in revenues between impact fees and City contribution for Fire. 3) what total dollar value of capital projects for Parks, 4) the split in revenues between impact fees and city contribution for Parks. Ordinances in draft form are attached. RI v :fir ,D Bl COW Mtg. CA &P Cmte F &S Cmte (1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/18 F &S 12/2 (action); 11/24 12/8 CAP (info only) RECOMMENDATIONS: SPONSOR /ADMJN Approve and forward to COW for discussion COMI`II11T?E Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE ExPi :NDP1'URI, RliQUIRLD AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: REVENUE IS FROM IMPACT FEES; PROJECTS ARE NOT CONSTRUCTED UNLESS FUNDS ARE AVAILABLE Continents: MTG. DATE I RECORD OF COUNCIL ACTION 11/24/08 I Forward to 12/1/08 Regular Meeting 12/01/08 Forward to 12/8/08 Committee of the Whole 12 /08 /08__lForward to next Regular Meeting MTG. DATE ATTACHMENTS 11/24/08 I Informational Memos regarding Fire /Park impact fees with Attachments Ordinances adopting Fire /Park impact fees with Attachments Minutes from Finance Safety Committee meeting of 11/18/08 12/1/08 I Ordinances with Attachments 12/8/08 Informational memorandum dated 12/3/08 Ordinances with Attachments 1 Minutes from the Finance Safety Committee meeting of 12/2/08 12/15/08 Info memo 12/10/08; Ordinances in final form with Attachments IVVFORMATION MEMORANDUM TO: City Council CC: Mayor Haggerton City Administrator FROM: Lisa Verner, Project Manager Bruce Fletcher, Parks Director DATE. December 10, 2008 RE: FIRE AND PARKS IMPACT FEES ISSUE Adoption of impact fees for fire services and parks services. DISCUSSION At the Committee of the Whole meeting on December 8, 2008, several items were discussed as part of the COW review of both fire and parks impact fees. These items are addressed below. 70 -30% Split for Parks Impact Fees If a 70% impact fee 30% city contribution split is used with the 88,000,000 in capital facilities projects identified for Parks, the City would pay $2,400,000 (versus $1,600,000 with a 20% split). The 70 -30% impact fees would be those on the LEFT (in bold) below; the 80 -20% impact fees are shown on the right: PARKS Capital Facilities List: $8,000,000 Capital Facilities List: 88,000,000 Split: 70% 30% Split: 80% 20% Impact Fee Contribution: $5,600,000 Impact Fee Contribution: 86,400,000 City Contribution: $2,400,000 City Contribution: $1,600,000 Fees: Fees: SF $1,247 .SF $1,426 MF 81,223 MF $1,398 Office 733 Office 837 Retail 366 Retail 419 Industrial 229 Industrial 262 City Council Information Memorandum 12 -10 -08 Page 2 Revisions to Draft Ordinances Clarification language has been added to both the Fire impact fee ordinance and the Parks impact fee ordinance regarding exemptions (new Section 11.7 in each ordinance). This language clarifies that if no new housing units or no new square footage are added, then impact fees are not assessed for alterations, reconstructions, remodelings or replacements of buildings or dwellings. For commercial uses, the measurement is "per 1,000 square feet" and for residential uses it is "per dwelling unit." Even if the use changes, as long as no units or square footage are added, impact fees are not due. Comparison of Impact Fees Council members asked for a comparison of other cities impact fees and those proposed for Tukwila. These are attached. Clarification There appears to be some confusion on refunds of impact fee monies. The paragraph below clarifies what will happen: Impact fees have to be spent within 6 years of collection or else refunded. Fees can be spent on any or all of the projects on the associated capital facilities list adopted with the fees and listed in the Capital Improvement Plan (CIP), for which there is a nexus to the development. The fees collected from a specific development are not tied to a particular project. They can be spent all on one project or spent on 2 or 3 projects that are related to the development, or spent on portions of all projects so long as the impact fee revenue is spent within 6 years; the choice is up to Council, as considered annually when adopting the Parks and Fire portions of the CIP, respectively. Changes in the capital facilities project list are permitted as long as projects come from the Master Plans and are necessary due to new growth. RECOMMENDATION Adopt a Fire Impact Fee ordinance Adopt a Parks Impact Fee ordinance Attachment: Comparison of other area cities impact fees 0 CD 000 0 0 0 0 0 0 0 0 0 0 0 NO Ni _1 0 O V. r-..: -cN N O M 9 0. 0 OD 6N ER69. t2 v c ER ER F t2 D LO EA 69. a 0 0 0 o O rn rn O co co Q) p 6) a) a)v N (N a 64 ER LL! (1) Q) 0 0 ED T 0 0 a) C Y O O) Q) A o _L c CO CO C al CtS V m O 69- try E co 6) CO co Q O co N M a) 0 0 .3 co 0 co lL t o 11) ER ER 0 7 O cO Q ER 69. a) EQ p Q CD r L. O CO CO O CO t` N 0 0 0 0 0 (0 Q r a 0 1` COh0 Q a) a o 0 o 00 0- 6,1 O� 0 .Nr c o CD CV t0 CD r f (0 C N r r (FT 69- Q) O O N ER N E d a r A ER ER a N N N p a) m ER ER Q O N 0) (a 0) L o Q) O Q 3 U 7 C N co (O O m a) O O ca d O C 0) O O m a s i t� o w U c c O 0) Y Y 0 0 0 0 o co OO O o0 a N. co p00 C o CO C O O N 3 0_0 0 0 C`9LO 3 co(ri o c o T a) ER co ER ER ER Es J M IX CI 69 69 (C) N 0000 0000 CD CD O 00 CD CZ O O N `C 00000000000 O) 00 t- t` O R N C M O O O O o 0 0 0 0 0 0 N M 00 L0 C O O 7 W N (n 0 O CO r CO 0) 0) O) N .0 N CO 7 CO EO co CV (Ni 0- O co 0o N co N N (0 CO O 0 M 00 r 0) E7) co 00 0 O r CO 0 O CO R O EA 69 ER ER ER ER O a c N EO ER EFT 63 EA (q O OD 0) ER 69 EFT ER ER d N ER EA n Ni M N y I0) 0 ER ER a) E o o 0 O w (0 N N al C O LL co N Ta 0) Q) 7 Q' W .V 0) A 0) D C .0 C 71 (0 T t6 J+ E E E iu oz 0 Eaz o a u- co W a) li o U (0 N U 7 N U U f a a) li. Y a) LL Q ta) l co 'Es u. 2 a =i -JQUwcn a 65 s Gt *(7)2 0 c c5 o =�ti 1 a 1908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF FIRE IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for fire protection facilities as part of its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including fire protection facilities; and WHEREAS, the Tukwila City Council desires to provide funding for fire protection facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non residential development impact fees beginning January 1, 2009; NOW, "THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public fire protection facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new fire service facilities to serve new growth and development in the City. The City Council believes that this can be accomplished by the assessment of fire impact fees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the fire impact fee program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of. Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction. remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington, County of King. C. \Documents and Setting \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc I.v:ksn 12/10/2008 Page 1 of 6 4. "Development activity" means any construction of a building or structure that creates additional demand and need for fire safety facilities. 5. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 6. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 7. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve new growth and development that is a proportionate share of the cost of fire capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling fire impact fees or cost of reviewing independent fee calculations. 9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 10. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly owned parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. Fire Impact Fee Assessment. A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009. This will include the expansion of existing uses, which create the demand for fire protection services. B. Fire impact fees shall be assessed at the time of a technically complete building permit application that complies with the City's zoning ordinances and building and development codes. Fire impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 4. Use of Fire Impact Fees. A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that will reasonably benefit the City and its residents. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. c. Documents and Settings \All Users \Desktop \Kelly \MSDATA Ordinances Fire Impact Fees. doc LV:ksn 12/10/2008 Page 2 of 6 C. Fees shall not be used for maintenance and operations, including personnel. D. Fire impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to fire protection facilities. E. Fire impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for fire facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Fire Impact Fee Capital Facilities Plan. In order to collect fire impact fees, the City must first adopt a Fire Capital Facilities Plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for fire protection services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's fire facilities both existing and under construction; 2. The forecast of future needs for fire facilities based upon the City's population projections; 3 A six-year financial plan component, updated as necessary, to maintain at least a six-year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Fire Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukwila Fire Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. FIRE IMPACT FEE CALCULATIONS Impact Fee Land Use Per Residential Unit I Per 1,000 Sq. Ft. GFA Single family $922 Multi- family $1,200 Office 1 $1,624 1 Retail $580 1 Industrial $127 Section 7. Fire Impact Fee Adjustments. A. The City may adjust a fire impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Fire Chief who shall review the study to determine that the study: 1. is based on accepted impact fee assessment practices and methodologies; C. \Documents and Settings \All Users Desktop\ Kelly \MSDATA \Ordinances \Fue Impact Fees.doc LV:ksn 12/10/2008 Page 3 of 6 2. uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. complies with the applicable state laws governing impact fees; 4. is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields; and 5. shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Fire Chief may require the developer to submit additional or different documentation. If an acceptable study is presented, the Fire Chief may adjust the fee to that appropriate for the particular development activity. If an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding fire impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the City staff with respect to the applicability of fire impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first out basis. C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. C. Documents and Settings \A11 Users \Desktop\ Kelly \MSDATA \Ordinances \,Fire Impact Fees. doe LV:ksn 12 /10 /2008 Page 4 of 6 D Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate fire facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The fire impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a fire impact fee, provided that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of fire impact fees. The following shall be exempt from fire impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and when such replacement is within 12 months of demolition or destruction of the previous structure; 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed; 3. Construction of an accessory residential structure; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6 Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low income housing and how exempting housing from impact fees would forward the goals for low income housing in the City and King County; b. That adequate documentation be provided that the housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner occupied dwellings, that such housing will be sold or leased at affordable rates to low- income households for a period of 10 years, and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for fire protection services and facilities. 7. The alteration, reconstruction, remodeling, or replacement of existing buildings or structures that meet the requirements of this subpart shall be exempt from the requirement to pay all impact fees. To qualify for this exemption, all of the following applicable requirements shall be met: `euo i a. For non residential structures, or the non residential part of mixed -use structures, no additional gross floor area may be added. b. For residential structures, or the residential part of mixed -use structures, no additional housing units may be added. C. \Docurents and Settin5s \Ail Users 1 Desktop Kelly \MSDATA Ordinances \Fire Impact Fees.doc LV:!csn 12/10 /2008 Page 5 of 6 r I w c. For replacement structures, the structure being replaced shall have been demolished or moved outside the City of Tukwila. Section 12. Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 13. 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 14. 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 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number Attachments: Exhibit A Tukwila Fire Impact Fees, 2008 Exhibit B Fire Department Capital Facilities List C. \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12 /10 /2008 Page 6 of 6 EXHIBIT A Tukwila Fire Impact Fees, 2008 (90% impact fees; 10% city contribution) TABLE 1. Tukwila Fire Impact Fee Calculation, 2008 (90% 10% split) Net Growth, 2008 -2020 1 Impact Fee 2007 2007 Housing Building Employme Per Per 1,000 Land Use Housing Employme Residential Per GFA Units -1 nt Z Units 3 Area 4 nt 5 Unit Sq. Ft. GFA Single family 3,822 I 516 I I 5922 Multi- family 4,107 1 2,384 1 1 51,200 Office 1 6,245 1 370,500 1 1,482 51.62 1 51,624 Retail 1 20,384 1 2,418,000 1 4,836 50.58 1 5580 Industrial 1 20.343 1 3.860,800 1 4,826 50.13 S127 TOTALS 1 46.972 1 6,649,300 I 11,144 1. OFht numbers 2. PSRC 2007 Covered Employment Estimates 3. 43 SF dulyr, rest is MP from 2007 Buildable lands Report 4. Retail: 500gsf per emp; ice: 250gsfper emp; industrial: SOOgsfper emp; X emp gouth 5. 90% of Buildable Lands Report estimates, at same as 2007 employment TABLE 2. Tukwila Fire Service Demand Calculation, 2008 Revised Increase in Annual Incident 2007 Responses 2007 Responses Responses due to Growth Proportion Capital Costs Incident Incident Incident %Based al Incident Responses Responses Incident Allocated by Land Use on Net Reallocatio Incident Responses Total n of Responses per 1,000 per 1,000 Responses Units Employees Responses due "Other" to Growth Single family 619 13% 19% 249 1 868 19% 227 117 1 8% 5475,668 Multi family 866 19% 26% 349 1 1,215 26% 296 705 1 49% 52,861,894 Office 445 10% 13% 179 1 625 13% 100.0 148 1 10% S601,536 Retail 1.039 22% 31% 418 1 1,458 31% 71.5 346 1 24% 51,403,649 Industrial 362 8% 11% 146 508 11% 25.0 120 1 8% 5488,804 NET TOTAL 3,332 71% 100% 1,341 1 4,673 100% 1,437 1 100% 55,831,550 Other 1,341 29% 1 1 TOTAL 4,673 100°/ 100% 1,34I 1 4,673 100% 1 100% S5,831,550 Note: The 55,831,550 capital cost is 90% of$6,479,500 (the growth related fire capital cost). TABLE 3. 2007 Incident Responses by Property Type Allocation to Impact Fee Categories IMPACT FEE CATEGORIES Fire Dept Land Single- Multi Use Categories Fire Aid Total family family Office Retail Industrial TOTAL Public Assembly I 12 I 42 54 I I 1 I 54 Educational I 18 1 30 1 48 1 1 1 48 1 1 Health Care* 1 27 1 90 1 117 I 1 70 1 47 I 1 Single- family 1 159 1 460 1 619 I 619 1 1 1 1 1 Apartments 1 224 1 570 1 794 1 1 794 1 Boarding House 1 0 1 2 2 1 1 2 I Hotels I 102 1 203 305 1 I 305 Business 1 441 I 590 1,031 1 1 351 680 Industrial 1 12 I 2 14 I I 1 14 Manufacturing 1 57 1 47 104 1 I I 104 Storage 1 81 1 163 244 1 1 1 244 SUBTOTAL I 1,133 1 2,199 3,332 I 619 1 866 1 445 1,039 362 3,332 PERCENT OF 19% 26% 13% 31% 11% 100% SUBTOTAL Special Property 1 275 1 855 1 1,130 1 I 1 1 1 1 Unclassified 148 1 63 1 211 1 1 1 1 1 1 SUBTOTAL 1 423 1 918 1 1,341 1 1 1 1 1 I Reallocation of Special Property 249 349 179 418 146 1,341 Unclassified TOTAL INCIDENT RESPONSES BY 868 1,215 625 1,458 508 4,673 IMPACT FEE CATEGORY split 60% Multi family, 40% Office (Redmond) split34% Office, 66% Retail (2007 Tukwila) EXHIBIT B Fire Department Capital Facilities List Capital Facility Cost 1. Construct/build relocated Station 51 5,000 gsf $2,000,000 addition due to new growth in TUC 2. Purchase aid car for Station 51 (new) $1 85,000 3. Purchase engine for Station 54 to replace aerial $750,000 ladder truck 4. Purchase land for relocated Station 52, if Station 51 $544,500 is relocated 5. Construct/build relocated Station 52, if Station 51 is $3,000,000 relocated TOTAL $6,479,500 1 5,000 gsf building addition x $400 /psf building construction cost 2 acre site (21,780 sf) x $25 /psf land cost 3 7,500 gsf building x $400 /psf building construction cost C:\Documents and Settings\All Users Desktop \Kelly\MSDATA\Ordinances\Fire Impact Fees Exhibit B Capital Facilities List.doc LV:ksn 12/4/2008 Page 1 of 1 0; a 7908, C ity of Tuk Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF PARKS IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for parks facilities as part of its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including parks facilities; and WHEREAS, the Tukwila City Council desires to provide funding for parks facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non residential development impact fees beginning January 1, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public parks facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new parks facilities to serve new growth and development in the City The City Council believes that this can be accomplished by the assessment of parks impact fees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the parks impact fee program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington, County of King. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for parks facilities. C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Parks Impact Fees.doc Lv:ksn 12/10/2008 Page 1 of 6 5. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity 6. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 7 "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve new growth and development that is a proportionate share of the cost of parks capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling parks impact fees or cost of reviewing independent fee calculations. 9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property 10. "Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly owned parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. Parks Impact Fee Assessment. A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009 This will include the expansion of existing uses, which create the demand for parks services. B. Parks impact fees shall be assessed at the time of a technically- complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 4. Use of Parks Impact Fees. A. Pursuant to this ordinance, parks impact fees shall be used for parks facilities that will reasonably benefit the City and its residents. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. C. \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Parks Impact Fee<.doc Lv:k5n 12/10/2008 Page 2 of 6 D. Parks impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to parks facilities. E. Parks impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development will be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for parks facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Parks Impact Fee Capital Facilities Plan. In order to collect parks impact fees, the City must first adopt a parks capital facilities plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for parks services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's parks facilities both existing and under construction; 2. The forecast of future needs for parks facilities based upon the City's population projections; 3. A six-year financial plan component, updated as necessary, to maintain at least a six -year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Parks Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukwila Parks Impact Fees, 2008, Exhibit A, and Tukwila Parks Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. PARKS IMPACT FEE CALCULATIONS Impact Fee 1 Land Use Per Residential Unit Per 1,000 Sq. Ft. GFA 1 1 Single Family $1,426 Multi- Family $1,398 Office $837 Retail 1 5419 Industrial 1 S262 Section 7. Parks Impact Fee Adjustments. A. The City may adjust a parks impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Director of Parks and Recreation, who shall review the study to determine that the study: C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinancesiparks Impact Fees doc Lv:kan 12/10/2008 Page 3 of 6 1. is based on accepted impact fee assessment practices and methodologies; 2. uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. complies with the applicable state laws governing impact fees; 4. is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields; and 5. shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Director of Parks and Recreation may require the developer to submit additional or different documentation. If an acceptable study is presented, the Director of Parks and Recreation may adjust the fee to that appropriate for the particular development activity. If an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study D A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this Ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding parks impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the City staff with respect to the applicability of parks impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this section. D. An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first out basis. C: \Documents and Setting \All Users Desktop Kelly \MISDATA Ordinances \Parks Impact Fes.doc LV:ksn 12/10/2008 Page 4 of 6 C. Owners seeking a refund must submit a written request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one -year period shall be retained by the City and expended on appropriate parks facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The parks impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a parks impact fee, provided that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of parks impact fees. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and when such replacement is within 12 months of demolition or destruction of the previous structure; 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed; 3. Construction of an accessory residential structure; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6. Low income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting housing from impact fees would forward the goals for low- income housing in the City and King County; b. That adequate documentation be provided that the housing will remain available for low- income persons for a 10 -year period of time at affordable rents; and c. In the case of owner- occupied dwellings, that such housing will be sold or leased at affordable rates to low income households for a period of 10 years; and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for parks services and facilities. 7. The alteration, reconstruction, remodeling, or replacement of existing n e buildings or structures that meet the requirements of this subpart shall be exempt from �{,o the requirement to pay all impact fees. To qualify for this exemption, all of the following applicable requirements shall be met: C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Parks Impact Fedcc LV:ksn 12n0/21,08 Page 5 of 6 a. For non residential structures, or the non residential part of mixed -use structures, no additional gross floor area may be added. r./) b. For residential structures, or the residential part of mixed -use structures, no additional housing units may be added. c. For replacement structures, the structure being replaced shall have been demolished or moved outside the City of Tukwila. Section 12. Authority Unimpaired. Nothing in this Ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and/ or Chapter 58.17 RCW, governing plats and subdivisions, provided that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 13. 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 14. 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 CI"IY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council. Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Tukwila Parks Impact Fees, 2008, Exhibit A Tukwila Parks Capital Facilities List, Exhibit B C. Document s and Setting \All Users Desktop Kelly \VISDATA \Ordinances \Parks Impact Fees.dc LV:ksn 12/10 /2008 Page 6 of 6 EXHIBIT A Tukwila Parks Impact Fees, 2008 (80% impact fees; 20% city contribution) TABLE 1: 2008 Park Impact Fee Calculations (80% 20% split) Land Use 2007 2007 2007 Building 2020 Housing 2020 2020 Building Housing Employment Area -3 Units Employme Area Units -1 2 nt (Single- family 3,822 1 4,338 Multi- family 4,107 1 6,491 Office 6,245 1,561,250 7,727 1,931,750 Retail 20,384 10,192,000 25,220 12,610,000 Industrial 20,343 16,274,400 1 25,169 20,135,200 TOTALS 7,929 46,972 28,027,650 1 10,829 58,116 34,676,950 1 OFM 2. PSRC 2007 Covered Emplooyment Estimates 3. Retail: S00gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth 4 43 SF du/yr; rest is MF from 2007 Buildable Lands Report 5 90% of Buildable Lands Report estimates, at same as 2007 employment 6. Tukwila Resident/Non-Tukwila resident breakdown based on 2000 census data In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181, or 9% Net Growth, 2008 2020 Land Use Housing Employment Building Area Employment: Employme Units 4 5 3 Tukwila nt: Non Residents Tukwila 9% 6 Residents 91% 6 Single family 516 1 1 Multi- family 2,384 1 Office 1 1,482 370,500 133 1,349 Retail 4,836 2,418,000 435 4,401 Industrial 4,826 3,860,800 434 4,392 TOTALS 2,900 1 11,144 6,649,300 1,003 10,141 Impact Fee Land Use Persons Use Ratio Total Use by Use by Cost Per Housing Per 1,000 Rounded per Between Land Use Land Use Allocation Unit GFA** Housing Residents/ Category Category Unit Employees (Single- family 2.54 1 2.44 3,198 1 11.49% $735,607 1 S1,425.59 $1,426 JMulti- family 2.49 1 2.44 14,484 1 52.06% 53,331,7151 S1,397.53 $1,398 (Office 1 1.00 1,349 1 4.85% S310,214 S837.29 S837 Retail 1 1.00 4,401 1 15.82% 51,012,279 5418.64 $419 lIndustrial 1.00 4,392 15.78% 51,010,185 S261 65 $262 (TOTALS 1 27,823 100 00% S6,400,000 Note: 56,400,000 is 80% of $8,000,000 EXHIBIT B Tukwila Parks Capital Facilities List Project List Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II 2,000,000 Trail Connections Green River Trail to Renton 500,000 Black/Cedar River Trail Tukwila Pond Development Phase N 3,000,000 City of Tukwila Pool [Extend land lease]; expand features 500,000 and services TOD Pedestrian Bridge Sounder Connection 2,000,000 Total $8,000,000 yrl1LA, COUNCIL AGENDA SYNOPSIS �J. o Z r „zttaer ITEATNo. p� 111eetin Date Prepared Gy i Mayor's review 1 Counal review +�i' 11/24/08 1 SH 1 t'-' 12/01/08 1 SH 1 I 1 rsoa,__ 12/08/08 1 SH I 12/15/08 SH 1 A-'- ITEM INFORMATION I CAS NUMBER. 08-154 I ORIGINAL AGENDA DATE: NOVEMBER 24, 2008 Ac.I:ND' Ii ,m Tiny. Review of final adjustments to the 2009 -2010 proposed budget and 2009 -2014 CIP C.\ G )RY Disc/List n Motion Resolution Ordinance Bid Award PublicHearino 1 1 Other lltg Date 11/24/08 Mtg Date Date 12/15/08 Alto, Date 12 /15/08 Aftg Date 115 Date 11/17/08 Mtg Date Re. 17/8/08 SI'( )NSC )R Council Major Adra Svcs DCD Finance n Fire Leda/ U P &R E Police 1 PW/ SPONSOR'S Attached for review are the final changes to the 2009 -2010 proposed budget and 2009 SUM M.\RY 2014 CIP. Council reviewed the budget at four Councl meetings in October /November and conducted the Public Hearing on November 17, 2008. RI A I•:WEl) BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. 1 1 Parks Comm. n Planning Comm. DALE: 11/18/08 RECOMMENDATIONS: SPONsoR /A.DMIN Approve final changes for adoption of the budget and CIP COMMY1TEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI•:ND1TuRI. RIscQU1RE1) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments. MTG. DATE I RECORD OF C O UNC IL AC T ION 11/17/08 I Public Hearing at City Council meeting. I 12/01/08 Forward to 12/08/08 Committee of the Whole Meeting I 12/08/08 to next Regular Meeting MTG. DATE I ATTACHMENTS 11/24/08 I Informational memorandum dated 11/19/08 with budget errata and CIP sheets Attachments A, B and C Budget Ordinance and CIP Resolution in final form Minutes from the Finance and Safety Committee meeting of 11/18/08 12/01/08 I Attachments listed above 12/08/08 I Informational memorandum dated 12/3/08, with revised errata data Ordinance and Resolution in final form (Please bring your copies of the proposed Budget and CIP) 12/15/08 Ordinance and Resolution -in final form faSti 190g� City of Tulcwria Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2009 -2010 BIENNIUM; PROVIDING FOR SEVERABILI'1 Y; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the year 2009 -2010 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 17, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2009- 2010 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.120. Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND EXPENDITURES REVENUES 000 General $99,536,035 $99,536,035 101 Hotel /Motel Tax 3,597,148 3,597,148 103 City Street 877,000 877,000 104 Arterial Street 91,553,000 91,553,000 105 Contingency 892,187 892,187 107 Fire Equipment Cumulative Reserve 767,797 767,797 207 Limited Tax G.O. Bonds, 1999 1,846,965 1,846,965 208 Limited Tax G.O. Bonds, 2000 735,000 735,000 209 Limited Tax G.O. Bonds, 2003 1,531,000 1,531,000 210 Limited Tax G.O Refunding Bonds, 2003 1,233,000 1,233,000 301 Land Acquisition, Recreation Park Develpmt. 11,272,000 11,272,000 302 Facility Replacement 7,939,000 7,939,000 303 General Government Improvements 2,276,000 2,276,000 401 Water 15,151,301 15,151,301 402 Sewer 15,862,365 15,862,365 404 Water /Sewer Revenue Bonds 1,241,435 1,241,435 405 Bond Reserve 411,000 411,000 411 Foster Golf Course 5,137,534 5,137,534 412 Surface Water 11,984,134 11,984,134 501 Equipment Rental 10,324,969 10,324,969 502 Insurance Fund 13,155,217 13,155,217 503 Insurance LEOFF 1 Fund 2,282,562 2,282,562 611 Firemen's Pension 1,578,000 1,578,000 TOTAL ALL FUNDS COMBINED $301,184,649 $301,184,649 C: \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Budget 2009- 2010.doc KF:ksn 12/10/2008 Page 1 of 2 Section 3. A complete copy of the final budget for 2009 -2010, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. 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 day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number. Attachment: City of Tukwila 2009 -2010 Budget C. \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Budget 2009- 2010.doc KF:ksn 12/10/2M Page 2 of 2 J `?nth r lY`P i qq EO;� �c.9: 2 1fS ice A s 7908 C ity of Tu Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2009 -2014 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. WHEREAS, when used in conjunction with the annual City budget, the Capital Improvement Program (CIP) and the Financial Planning Model for the period 2009 -2014 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and CIP are not permanent fixed plans, but are rather guidelines or tools to help reflect future goals and future resources at the time annual budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the annual budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2009 -2014 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2009 -2014 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file in the City Clerks Office and is hereby attached. Section 3. The assumptions, revenues and expenditures will be reviewed and updated annually or as necessary by the City Council. Section 4. The detail of CIP projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2009 -2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008 ATTEST /AUTHENTICATED: Joe Duffie, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Filed with the City Clerk: Passed by the City Council. Office of the City Attorney Resolution Number Attachment: 2009 -2014 Capital Improvement Program C: \Documents and Settings \All Users Desktop Kelly \MSDATA Resolutions \Financial Planning Model C1' 2009- 2014.doc sr :ksn 12 /10 /2008 Page 1 of 1 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR- C.O.W. December 1 8 15 22 25th Christmas Day See agenda packet (City offices closed) cover sheet for this week's agenda 29th (December 15, 2008 Fifth Monday of the Regular Meeting) 0 0 month —no Council meeting scheduled COMM' 11 EE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING January 5 12 20 (Tuesday) 26 1 —New ]ears Day Snedal Presentation: Public Hearing: Public Hearing Special Presentation: (City offices closed) Introduction of K9 Ordinance authorizing Development 2008 COPCAB awards Officer Jamie Sturgill the Mayor to enter into regulation ordinances to a ciriznn and a Police 19th and his partner, a development for Tukwila South Department employee, M.L. King, Jr. Day Gino. agreement with and year -end LaPianta, LLC for the Unfinished Business: presentation (City offices closed) Unfinished Business: Development Tukwila South project known as regulation development Tukwila South ordinances for agreement Special Issues: Tukwila South New Business: New Ordinance Cascade authorizing the authorizing the Conservancy Mayor to enter into Mayor to sign the c3 a development Tukwila South resolution agreement with gr development LaPianta, LLC for agreement the project known as Tukwila South V' Roll Plan (Non- Motorized Walk Roll Plan Transportation Plan) (Non- Motorized ordinance Transportation Plan) ordinance February 2 9 17 (Tuesday) 23 16th Presidents' Day (City offices closed) Upcoming Meetings Events DECEMBER 2008 15th (Monday) 16th (Tuesday) 17th (Wednesday) 18th (Thursday) 19th Friday) 20th (Saturday) Utilities Cmto Finance 8 Crime Hot Spots Domestic CANCELLED Saf^_ty Ont. Task Force Mtg., Violence Task CANCELLED 10:00 AM Force, (CR #5) 12:00 NOON City Council (CR 85) Regular Mtg., Parks 7:00 PM Commission, (Council 5 :30 PM Tukwila Historical Chambers) (Community Society, Center) 7:00 PM (Nelsen Historical Trust House, Library Advisory 15643 W. Valley Board, Hwy.) 7:00 PM (Community Center) PLEASE NOTE SPECIAL MEETING LOCATION. 22nd (Monday) 23rd (Tuesday) 24th (Wednesday) 25th (Thursday) 26th (Friday) 27th (Saturday) Community Transportation Affairs Cmte, Parks Cmte, 5:00 PM Christmas Day 5: 00 PM (CR #1) City offices closed [TENTATIVE] TIVE] [TENTATIVE] J City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) [TENTATIVE] >Arts Commission: 1st Tues., 5 :00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206 -575 -1633. >City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 83. Contact Bev Willison at 206 -433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf Room 83. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 85. Phi Hvvnh (206 -433- 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 85. Contact Phi Huynh at 206- 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 85. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180. >Equity Diversity Commission: 1st Thurs., 5 :15 PM, Conf. Room 43. Contact Kimberly Matej at 206 -433 -1834 >Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 83. 12/16/08 meeting has been cancelled >Highway 99 Action Committee: 2nd Tues., 7 :00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. >Human Services Providers: Quarterly, 11:30 AM, TCC (2008 3/21, 6/20, 9/19, and 12/5). Contact Stacy Hansen at 206 -433 -7181. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine KerLman at 206 575 -2489. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 83. Contact Bev Willison at 206 -433 -1844. >Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 81. >Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting, location varies). Contact Pat Brodin at 206 -433 -1860. >Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41. 12/15/08 meeting has been cancelled Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).