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Council 10/08/2007
AGENDA RENTON CITY COUNCIL REGULAR MEETING October 8, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Summer Activities/Henry Moses Aquatic Center Report 4. PUBLIC HEARING: Collection of impact fees for the Issaquah and Kent school districts 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law,RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 1/4010, 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 10/1/2007. Council concur. b. Finance and Information Services Department requests approval of the issuance of Water and Sewer Revenue Bonds, 2007, in the approximate amount of$21.2 million for various utility capital projects and to refinance outstanding bonds to lower overall costs. The projects include: Hazen 565-Zone Reservoir, Emergency Power to Pump Stations, Summerwind/Stonegate Lift Station Replacement, Renton Village Storm System Improvement, Gypsy Basin/Ripley Lane Storm System Improvement, Central Plateau Interceptor Phase 2, and SW 34th St. Culvert Replacement. Refer to Committee of the Whole. c. Finance and Information Services Department recommends approval of a purchasing agreement with King County Directors'Association in order to purchase the installation and repair of field turf for the Maplewood Golf Course from Atlas Track and Tennis. Council concur. (See 9. for resolution.) d. Fire Department requests authorization for the appropriation and expenditure of money to purchase six public access defibrillators($10,000), and to fund the 2007 ($9,200)and 2008 ($10,000) Renton Heart Month campaigns. Council concur. (See 9. for ordinance.) e. Transportation Systems Division recommends approval of an agreement with Washington State Department of Transportation who is providing funding in the amount of$292,100 towards the Maple Valley Hwy. (SR-169), HOV/Queue Jump Phase 2 project. Council concur. (CONTINUED ON REVERSE SIDE) 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by 41111111' the Chair if further review is necessary. +"" a. Committee of the Whole: National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit Rate Impact b. Finance Committee: Vouchers; Friends of Youth Utility Bill Adjustment Request; Reclassification of Civil Engineer III Position c. Utilities Committee: Earlington Sewer Interceptor Special Assessment District Establishment 9. RESOLUTIONS AND ORDINANCES Resolution: Purchasing agreement with King County Directors'Association(see 7.c.) Ordinance for first reading: 2007 Budget amendment re: defibrillators purchase and Renton Heart Month campaign (see 7.d.) Ordinances for second and final reading: a. Owner-occupied housing incentive extension and modification (1st reading 10/1/2007) b. Time limit on extended parking on City right-of-way(1st reading 10/1/2007)) c. 2007 Budget amendment re: purchase of armored personnel carrier by Valley Special Response Team(1st reading 10/1/2007) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit Rate Impact; Utility Rate Relief Options • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting October 8, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCIE PALMER; TERRI BRIERE; DENIS LAW. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL EXCUSE ABSENT COUNCILMEMBER DAN CLAWSON. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; LESLIE BETLACH, Parks Director; PETER RENNER, Facilities Director; GERALD RERECICH, Recreation Director; ALEX PIETSCH, Economic Development Administrator; ERIKA CONKLING, Senior Planner; MARTY WINE,Assistant CAO; DEPUTY CHIEF CHUCK DUFFY, Fire Department; COMMANDER DAVID LEIBMAN, Police Department. SPECIAL PRESENTATION Community Services Administrator Higashiyama presented a report on the Community Services: Summer programs, events, and activities offered by the Community Services Department Activities/Henry Moses during the summer. She highlighted events such as the opening of Heritage Aquatic Center Report Park, the completion of the first public property tree inventory, and the annual kids fishing derby;programs such as summer lunches, day camps, and scholarships; and activities such as Summerfest 2007 (drop-in playground activities), senior co-ed softball team, and numerous classes. Ms. Higashiyama noted the volunteer opportunities and programs, saying that year-to-date,volunteer hours total 20,990. She also noted the partnerships with cities, agencies, and City departments. Regarding the Henry Moses Aquatic Center, Ms. Higashiyama stated that attendance totaled 63,273, and the new twilight swim sessions were held on 28 evenings. In conclusion, she indicated that in 2008, the Community Services Department will maintain and increase partnerships, expand marketing opportunities, and support a healthy community through wellness programs and physical activity. Mayor Keolker expressed her appreciation for all of staffs hard work. Regarding the beach closures during the summer(due to unacceptable levels of bacteria), Councilmember Corman noted Renton's contribution to the regional effort to clean up the lake water, and the department's efficient management of the closures. PUBLIC HEARING This being the date set and proper notices having been posted and published in Finance: Impact Fees, Issaquah accordance with local and State laws, Mayor Keolker opened the public hearing &Kent School Districts to consider the collection of impact fees for the Issaquah and Kent school districts. Senior Planner Conkling explained that Renton currently collects an impact fee on behalf of the Issaquah School District in the amount of$6,136 per new single-family home built within the City limits. She pointed out that the school district is now requesting the collection of a fee in the amount of$6,021. October 8,2007 Renton City Council Minutes Page 349 Ms. Conkling reported that the City collects an impact fee in the amount of $4,928 per new single-family home on behalf of the Kent School District. She relayed the school district's request for the collection of a fee in the amount of $5,110. Additionally, the school district is requesting an impact fee in the amount of$3,146 for each new multi-family unit. Ms. Conkling explained that multi-family units may occur if the Benson Hill Communities Annexation area, which has proposed prezoning that would allow the construction of new multi- family units, is annexed into the City of Renton. Continuing, Ms. Conkling explained that both of the school districts are responding to growth by proposing improvements to schools serving Renton residents. Assessment of the full impact fees ensures that those who contribute to growth pay a share of the growth-related costs. Ms. Conkling stated that staff recommends adoption of the requested single-family impact fee for both school districts, and adoption of the new multi-family impact fee for the Kent School District. She noted that this matter will be reviewed by the Finance Committee on October 22. Public comment was invited. Craig Christensen (Mill Creek), representing the Issaquah School District, explained that the school district annually updates its Six-Year Capital Facilities Plan, which identifies how growth will be accommodated, and calculates impact fees that help fund capital requirements. He indicated that funds designated to build a middle school in the 2006 plan were reallocated in the 2007 plan to instead increase the size of the high schools to accommodate the growth. Mr. Christensen pointed out that the reduction in the impact fee is due to this reallocation. Gwenn Escher-Derdowski (Kent),Kent School District Planning Administrator, stated that impact fees from new developments in the proposed annexation areas (Anthone' and Benson Hill Communities)represent a continued savings to existing taxpayers in the form of reduction in the dollar amounts of new construction bond issues, as well as savings in interest. She explained that impact fees that may be assessed in future construction proposals will not be new fees but rather replacement of fees that would have been assessed when the property was under King County's jurisdiction. Ms. Escher-Derdowski noted that Panther Lake Elementary School,which is located in the general vicinity of the two annexation areas, is to be replaced. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Councilmember Corman expressed his appreciation for the input from the representatives of the school districts,particularly the information about the new schools being built and the reasons for the reduction in the Issaquah School District impact fee. ADMINISTRATIVE Assistant CAO Wine reviewed a written administrative report summarizing the REPORT City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * Everyone is invited to stroll the streets of downtown Renton to enjoy scarecrows and festive fall decorations in business windows and storefronts. * Sunset Court Park will be closed while the existing 30-year-old irrigation system is removed and replaced between October 29 and November 1. October 8,2007 Renton City Council Minutes Page 350 * BNSF Railway Company is in the process of replacing four railroad bridges in Renton. The Cedar River Bridge near the library has been rolled to the south and is no longer in position over the river. It will be dismantled and transported away this week. Meanwhile,pile driving for the replacement bridge on Hardie Ave. SW is complete and has moved to Rainier Ave. The Shattuck Ave. Bridge replacement should be completed in the near future. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 10/1/2007. Council concur. 10/1/2007 Finance: Bond Issuance, Finance and Information Services Department requested approval of the Utility Capital Projects issuance of Water and Sewer Revenue Bonds, 2007, in the approximate amount of$21.2 million for various utility capital projects and to refinance outstanding bonds to lower overall costs. The projects include: Hazen 565-Zone Reservoir, Emergency Power to Pump Stations, Summerwind/Stonegate Lift Station Replacement, Renton Village Storm System Improvement, Gypsy Basin/Ripley Lane Storm System Improvement, Central Plateau Interceptor Phase 2, and SW 34th St. Culvert Replacement. Refer to Committee of the Whole. Finance: King County Finance and Information Services Department recommended approval of a Directors Association Purchase purchasing agreement with King County Directors' Association in order to Agreement, Field Turf for purchase the installation and repair of field turf for the Maplewood Golf Course Maplewood Golf Course from Atlas Track and Tennis. Council concur. (See page 352 for resolution.) Fire: Defibrillators &Renton Fire Department requested authorization for the appropriation and expenditure Heart Month Funding of money to purchase six public access defibrillators ($10,000), and to fund the Campaign, Budget Amend 2007 ($9,200) and 2008 ($10,000) Renton Heart Month campaigns. Council concur. (See page 353 for ordinance.) Transportation: Maple Valley Transportation Systems Division recommended approval of an agreement with Hwy (SR-169) HOV/Queue Washington State Department of Transportation who is providing funding in the Jump Phase 2, WSDOT amount of$292,100 towards the Maple Valley Hwy. (SR-169), HOV/Queue Jump Phase 2 project. Council concur. Added Item Legal Division recommended approval of a settlement agreement with MT 7_f. Development, LLC regarding processing a plat application for 18 single-family Legal: Settlement Agreement, building lots, located in the vicinity of Talbot Rd. S. and S. 55th St.,based upon Plat Application, MT applicable King County development regulations in effect prior to annexation Development (Anthone')of the MT property. Council concur. Refer to Committee of the Whole. Added Item Transportation Systems Division recommended approval of Supplemental 7.g. Agreement No. 9 to CAG-04-013, agreement with W&H Pacific, Inc., for the CAG: 04-013,North Renton design of the Logan Ave. N. Bike Lane in the amount of$45,000 for the South Infrastructure Improvements, Lake Washington Roadway Improvements Project. Approval was also sought W&H Pacific to allocate the funding from Fund 318, South Lake Washington Infrastructure Project. Council concur. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO CHANGE ITEM 7.f. FROM "Council concur" TO "Refer to Committee of the Whole." CARRIED. October 8,2007 Renton City Council Minutes Page 351 UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the 2008 cost of service water rate structure proposal. The Committee Utility: Cost of Service Water recommended concurrence in the staff recommendation to approve the 2008 Rate Structure cost of service rate structure as proposed: expand to five customer classes with adjusted commodity rates,expand to three consumption blocks for single family/duplex (0 to 599, 600 to 1,400 and over 1,400 cubic feet per month), and adjust meter charges for all customer classes. It is understood that formal Council action on the City's 2008 cost of service water rate structure will be conducted as part of the City Council's upcoming 2008 Budget review and approval process, and will be implemented as part of the 2008 utility rates ordinance. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Senior& Disabled& Council President Nelson presented a Committee of the Whole report regarding Low-Income Utility Rates the 2008 senior/disabled/low-income rates proposal. The Committee recommended concurrence in the staff recommendation to lower the eligibility age to 61 years, and to use the King County income threshold for property tax relief programs for the 40 percent discount level ($35,000 for 2007) for the senior/disabled/low-income rates program. It is understood that formal Council action on the City's 2008 senior/disabled/low-income rates will be conducted as part of the City Council's upcoming 2008 Budget review and approval process, and will be implemented as part of the 2008 utility rates ordinance. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: NPDES Stormwater Council President Nelson presented a Committee of the Whole report regarding Permit Program Request& the National Pollutant Discharge Elimination System(NPDES) Phase II Surface Water Utility Rates Municipal Stormwater Permit new program and rate increase. The Committee recommended concurrence in the staff recommendation to approve the Surface Water Utility's new program request required to comply with the NPDES Phase II permit, authorizing 4.7 new FTEs (full time employees) and a surface water utility rate increase of$1.32 per month for single-family customers(23 percent for all other customers) in 2008 necessary to fund the new program. The Committee further authorized the use of the equipment rental fund (Fund 501)to purchase the equipment(vactor truck) needed for the new program with the Surface Water Utility repaying the equipment rental fund over a five-year period. It is understood that formal Council action on the City's 2008 NPDES Phase II permit compliance will be conducted as part of the City Council's upcoming 2008 Budget review and approval process, and will be implemented as part of the 2008 utility rates ordinance. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 264578 - 265075 and two wire transfers totaling $3,563,369.75; and approval of 145 Payroll Vouchers, one wire transfer, and 675 direct deposits totaling $2,151,798.44. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Utility Bill Finance Committee Chair Persson presented a report regarding the request for Adjustment, Maplewood LLC utility bill adjustment by Maplewood LLC (apartment community). Maplewood LLC requested an adjustment to their utility bills for two billing October 8,2007 Renton City Council Minutes Page 352 periods (four months) due to a leak. The adjustment requested was $16,455.76. The total bill for these billing periods is $24,571.75. The leak period covered three billing periods, August through December 2006. Ordinance 5210 specifies adjustment to a maximum of two billing periods(four months). The ordinance requires that a request for adjustment be made within 60 days of discovery of the leak. Notices of high consumption were sent to Maplewood LLC on 8/24/2006 and 12/20/2006. The leak was not repaired within the 60-day period after the date of the first high consumption notice. The request for a billing adjustment was received more than 60 days from the first notice. The Committee recommended granting an adjustment in the amount of $8,346.78 for the August 2006 consumption and for half of the October 2006 consumption. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Utility Bill Finance Committee Chair Persson presented a report regarding the request for Adjustment, Friends of Youth utility bill adjustment by Friends of Youth. Friends of Youth requested an adjustment to a back utility bill representing 4 1/2 years of unbilled consumption totaling $10,426.04. The unbilled consumption resulted from a stuck meter that did not register usage. Friends of Youth has paid $5,200 towards this back utility bill, leaving a balance of$5,226.04. Friends of Youth is a non-profit organization and as such this unexpected back utility bill impacts their budget. The Committee recommended concurrence in the staff recommendation to approve Friends of Youth's request for an adjustment in the amount of $5,226.04. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: Principal Civil Finance Committee Chair Persson presented a report recommending Engineer-Transportation concurrence in the staff recommendation to approve the reclassification of a Systems Division Position Civil Engineer III position to a new position of Principal Civil Engineer- Transportation Systems Division. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Vice Chair Briere presented a report recommending SAD: Earlington Sewer concurrence in the staff recommendation to approve the preliminary Earlington Interceptor Sewer Interceptor Special Assessment District. The Committee further recommended that staff proceed with the establishment of the final special assessment district upon completion of the construction of the Earlington Sewer Interceptor project. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3908 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: King County interlocal cooperative agreement between the City of Renton and King County Directors Association Purchase Directors' Association to purchase certain merchandise, such as field turf for the Agreement, Field Turf for Maplewood Golf Course. MOVED BY PERSSON, SECONDED BY LAW, Maplewood Golf Course COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 10/15/2007 for second and final reading: • October 8,2007 Renton City Council Minutes Page 353 Fire: Defibrillators& Renton An ordinance was read amending the 2007 Budget by using $29,200 from Fund Heart Month Campaign 010 fund balance for the purpose of funding the City of Renton's 2007 and 2008 Funding,Budget Amend Renton Heart Month campaigns ($19,200) and for purchasing six public access defibrillators ($10,000). MOVED BY NELSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/15/2007. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5309 An ordinance was read amending Section 4-1-210, Waived Fees, of Chapter 1, Planning: Owner-Occupied Administration and Enforcement, of Title IV (Development Regulations) of Housing Incentive Extension City Code by extending and modifying the waiver of certain development and and Modification mitigation fees related to owner-occupied housing incentives. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5310 An ordinance was read amending Chapter 10-10 of Title X (Traffic)of City Police: Time Limit on Code by adding a new Section 10-10-14, Extended Unauthorized Parking, Extended Parking on ROW or related to establishing a time limit on extended parking on City right-of-way Municipal Property and imposing fines. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5311 An ordinance was read amending the 2007 Budget by reflecting incoming Police: VSRT Armored revenue in the amount of$50,000 from Valley Narcotics and Enforcement Personnel Carrier Purchase, Team to the General Fund balance and an expenditure for the purpose of Budget Amend purchasing an armored personnel carrier for the Valley Special Response Team. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER Development Services: THE ISSUE OF BASKETBALL HOOPS ON PUBLIC RIGHT-OF-WAY TO Basketball Hoops on Public THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. ROW Utility: Low-Income & Senior MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER Utility Rates THE ISSUE OF LOW-INCOME AND SENIOR CITIZEN UTILITY RATES TO THE FINANCE COMMITTEE. CARRIED. Police: Misdemeanant Jail MOVED BY LAW, SECONDED BY PERSSON, COUNCIL REFER THE Facility Study MISDEMEANANT JAIL FACILITY STUDY TO THE PUBLIC SAFETY COMMITTEE. CARRIED. EDNSP: Downtown Councilmember Corman pointed out that examples of the downtown Wayfinding System wayfinding system signage can be found on the City's website. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 8:07 p.m. Bonnie I. Walton, CMC,City Clerk Recorder: Michele Neumann October 8, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING October 8, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 10/15 Emerging Issues in Transportation and (Nelson) 6 p.m. Economic Development; Settlement Agreement with MT Development *Council Conference Room* Approximately Utility Revenue Bond Ordinance 6:30 p.m. *Council Chambers* COMMUNITY SERVICES MON., 10/15 CANCELLED (Corman) FINANCE (Persson) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 10/15 Misdemeanant Jail Facility Study (Law) 5 p.m. TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. 1:•;:t i. • 1111.91.11. 1ci 1 L Sly' 4 °41 V ' l111.111.119.1;,,,,,,,.. 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GUIDANCEI O & PUBLIC HEARING ADOPTION OF SCHOOL DISTRICT IMPACT FEES FOR ISSAQUAH AND KENT SCHOOL DISTRICTS October 8, 2007 The proposed amendment would authorize the City of Renton to collect a $6,021 impact fee for all new single-family homes built within the boundaries of the Issaquah School District in the Renton city limits. Currently, the City of Renton collects a fee of$6,136 for each new single family home. The proposed amendment would also authorize the City to collect a $5,110 impact fee for all new single-family homes, and a $3,146 impact fee for each new multi-family dwelling unit, built within the boundaries of the Kent School District in the Renton city limits. Currently, the City of Renton collects a $4,928 fee on behalf of the Kent School District for new single family homes but does not collect an impact fee for new multi-family units. However, properties within the proposed Benson Hill Communities Annexation Area (and within the Kent School District) have proposed pre-zoning that would allow the construction of new multi-family units. If these properties annex, a multi-family impact fee would be needed. *4ouir A school district impact fee is the amount of money that a jurisdiction collects from each newly constructed dwelling unit to offset the costs of growth in the local school district. The school district impact fee is collected so that developers of new construction pay a one-time fee to share in the costs-of growth. Impact fees are only charged to new development; existing homes (or remodels of existing homes) are not subject to the fee. Jurisdictions pass the collected fees on to the school district, which applies the money toward the rehabilitation and expansion of existing facilities, and the construction of new facilities to serve the growing population. School districts ask jurisdictions to collect a set fee based on a Capital Facilities Plan, which contains a prioritized list of construction and rehabilitation projects that the district plans to undertake. Impact fee money is tracked, and if it is not used to offset the costs of growth within six years, it must be returned. Both the Issaquah School District and the Kent School District are proposing to make major capital improvements to schools that would benefit current, or future, Renton residents. Additionally, the impact fee for the Issaquah School District is a $115 reduction from last year. In light of this information, City staff recommends adopting the requested impact fees for both districts for 2008. `fir•' 2 - Issaquah School District -'1 •The Issaquah School District requests an i i impact fee of$6,021 ; School District Impact Fees per new single family home l •The City currently n n collects$6,136 on j u u behalf of this district Public Hearing •This would be a$115 October 8,2007 reduction from last year , �u.£wu`&.v.....�a..'•.xx_w...m..b�.,..._,ti,.1a r,. .;.,...,n.a..x @u+a,k is,-.>._ ::_ ..,,.-,u,:;. .. ,_:... .r..u."....,. ....:::.:.5 •-•--,J;7";,7447,47-''71 " x :u ' Kent School District- Multi-family Kent School District ��x Impact Fee •The Kent School , ' Proposed pre- ® R u R R +o District requests an nfor ,A 4 ?t Benson Hill i" impact fee of$5,110 Communities R per new single family I ® ® �- Annexation RrR Ra homey . allows multi- r family units R^ r •The City currently i u o . within the Kent Ra R0 collects an impact fee 1 n 8 B. z School District R-$ 1 of$4,928 for this district The Kent School District requests 1. Ra '-'- •This is an increase of 1 t an impact fee of RI 4`. ;, $182 from last year 1 $3,146 for each "+ new multi-family R' k:... ., unit • Both School Districts are responding to growth by r ` I proposing improvements to schools serving Renton residents ,r64.1., •+ #.., • Assessment of the full impact fee ensured �, s those who contribute to growth pay a share ,,,, ": ' growth related costs ' , • Staff recommends adoption of the requested•,,,, I -. . single family impact fee for both School Distd � l a ` 3 I and adoption of a multi-family impact fee frr,K ! ' School District iiii',:i's.,,a,',„.LLL� a � . f �:"�-: +• -�. "'.:`'i �.................N ,.,.._.,_ .....,...,.,..r. __a s.:....»uuw ....��.......dy,..�......,.,�J_4 1 C.)ti`S O ADMINISTRATIVE, JUDICIAL, AND is €=) LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: October 8, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • Bring the whole family to stroll the streets of downtown Renton to enjoy scarecrows and festive fall decorations in business windows and storefronts. Scarecrows will be on display through October 31. • This year's Citizen of the Year and Outstanding Citizens will be honored at the annual Citizen of the Year Banquet at the Renton Senior Activity Center on October 18, starting at 5:00 p.m. Cost per person is $25, and reservations can be made online at www.GoRenton.com or by calling the Renton Chamber of Commerce at 425-226-4560. Reservations are requested by October 12. COMMUNITY SERVICES DEPARTMENT • Despite the weather, 88 kids ages 4 to 12 turned out at Ron Regis Park on Thursday, October 4, to participate in the annual Soccer Challenge. • The existing 30-year-old irrigation system at Sunset Court Park will be removed and replaced between October 29 and November 1. The park will be closed during this timeframe to facilitate construction. The new system will be state-of-the-art and have the ability to be remotely controlled by computer. • StoryBook Theater will present a brand-new musical adaptation of the classic fairytale, "Chicken Little" at Carco Theatre on Saturday, October 27 at 11:00 a.m. and 1:00 p.m., and on Sunday, October 28 at 11:00 a.m. and 1:00 p.m. This hilarious performance is designed for kids ages 3 to 9 and their families. For ticket information, contact Storybook Theatre at 425-827-3123 or visit www.Studio-East.org. • A number of programs have started recently in response to the growing diversity in Renton, and the need to have English as a Second Language (ESL) classes in the community and at the work place. An ESL class is being held Tuesday and Thursday nights from 6:30 to 8:00 p.m. at the North Highlands Neighborhood Center. Another ESL class is being started at The Salvation Army, 720 South Tobin. Renton Technical College, BURSST, and Service Linen have partnered to start a workplace ESL Class at Service Linen that started October 1 with 16 students. Over 15 people have volunteered to become tutors, and volunteers are interested in starting a Talk Time at the Renton Library. For more information, please contact Human Services at 425-430-6650. Administrative Report October 8,2007 Page 2 ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • A Downtown Wayfinding Open House will be held on Monday, October 15, from 5 to 7 p.m. in the 7th Floor Conferencing Center at Renton City Hall. The downtown wayfinding project will create signage to assist visitors and residents into and around downtown Renton, connect The Landing and downtown, and enhance the identity of downtown. Each element of the system has been designed to address an unmet need or opportunity in downtown Renton. Open House attendees will have the opportunity to view examples of the signs and preliminary color proposals and to provide comments. The City Council will be taking public comments about this project at the Council meeting starting at 7 p.m. after the open house. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The BNSF Railroad Company is in the process of replacing four railroad bridges in Renton - Hardie Avenue, Rainier Avenue, Shattuck Avenue, and the Cedar River bridge near the library. The demolition on the first three bridges is complete. The Cedar River railroad bridge has been rolled to the south and is no longer in position over the river. It will be dismantled and transported away this week. Meanwhile, pile driving for the replacement railroad bridge on Hardie Avenue is complete and has moved to Rainier Avenue. The Shattuck Avenue bridge replacement should be complete in the very near future. • The City of Renton is constructing a lane widening on SR 169 near the I-405 interchange. This lane will greatly improve access from I-405 to SR 169. The City received eight bids for the SR 169 work and was pleased to award the bid on October 1. CITY OF RENTON COUNCIL AGENDA BILL AI#: g Submitting Data: For Agenda of: Nool Dept/Div/Board.. Finance& IS Department October 8, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Bond Sale and Ordinance Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Legal Dept Refer to the Committee of the Whole Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Staff proposes selling bonds to finance the cost of construction of various capital projects within the utility systems as well as to refinance outstanding bonds to lower overall cost. STAFF RECOMMENDATION: Approve the bond sale in an approximate amount of$21.2 million and adopt the ordinance. H:\FINANCE\ADMINSUP\OI_AgendaBi]is\2007_ag_Bond Sale Oct 2007.doc 0ti`S 0,06‘ FINANCE AND INFORMATION SERVICES + ;; ® ♦ DEPARTMENT -wNrry MEMORANDUM DATE: October 2, 2007 TO: Toni Nelson, Committee of the Whole Chair Members of the Committee of the Whole VIA: )Kathy Keolker, Mayor FROM: h Mike Bailey, Administrator \Q SUBJECT: Bond Sale to Finance the Cost of Constructing Various Capital Projects Issue Should the City sell bonds to finance the cost of construction of various capital projects within the utility systems as well as to refinance outstanding bonds to lower overall costs? Discussion %ow Transaction Summary Millions 2007 - 2009 Project Financing Needs $16.4 Potential Refinancing Opportunities 8.0 Use of Bond Reserve Cash (replace with surety) (3.2) Subtotal $21.2 Potential Taxable Debt (1.2) Net Tax Exempt Debt $20.0 2007 - 2009 Project Financing Needs The Utility Master Plans and the City's Capital Improvement Plan (CIP) contemplate the following list of projects to maintain the City's utility systems in good working order: — Hazen 565 Zone Reservoir - design and construct a 4.2 million gallon reservoir — Emergency Power to Pump Stations - install emergency electrical power generation facilities — Summerwind / Stonegate Lift Station Replacement - construct a new station to ensure sufficient capacity in a rapidly growing area — Renton Village Storm System Improvement - planning, designing and construction of a storm system to increase capacity to prevent surcharges and flooding h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_memo_bond sale_oct 2 2007.doc Toni Nelson, Council President Member of the Renton City Council October 2,2007 Page 2 of 3 — Gypsy Basin/Ripley Lane Storm System Improvement - replacement of an existing culvert that will connect into a 60-inch storm system on the new Seahawks headquarters/training facility site — Central Plateau Interceptor Phase 2 - construct interceptor to serve eastern portion of service area — SW 34th Street Culvert Replacement - replace existing culvert to improve conveyance activity, reduce upstream flooding and improve fish passage The total cost of these projects and others within the Utility CIP during 2008 and 2009 are approximately$22.5 million. It is proposed to fund $16.5 million of these projects with the proceeds of Utility Revenue Bonds. Potential Refinancing Opportunities There may be an opportunity to refinance approximately$8 million in past bond issues as a savings to the utility rate payers. The final determination will be made on the date of pricing the proposed bonds. If the refinance of these bonds results in a net present value savings of at least 4%, we will recommend that this component be included in the transaction. If not,we believe that future refinance opportunities may present a better option to the utility. Use of Bond Reserve Cash (replace with surety) In an effort to reduce the size of the bonds to be issued, we reviewed the cash position of the utility, especially the cash dedicated as an additional security to bond holders. This "Bond Reserve" cash can be replaced with a surety (an insurance policy)that would provide an equivalent security to bond holders at a lower real cost to the rate payers. We would need to secure satisfactory bids from a qualified insurer for this surety for this approach to work. With the Utility's strong credit rating, this is a viable option. The amount of the Bond Reserve cash account is approximately$3.2 million. Potential Taxable Debt As a result of the financing plan described below, it may be in the Utility's best interest to issue some portion of the transaction as taxable. A financial analysis will be made to confirm that this approach would result in a net savings to the Utility and its rate payers. Financing Plan There is a financial advantage to issuing no more than $10 million in tax-exempt debt in any one calendar year. As the summary illustrates, if we utilize the bond reserve cash for part of the project costs and use a small portion of taxable debt, we can manage the size of the tax-exempt bond issue down to $20 million. We can spread the issue over the end of the year to result in no more than $10 million in tax-exempt debt being issued in either 2007 or 2008. This allows the transaction to become more affordable to banks who could then participate in the purchase of the bonds (known as bank qualified). This is estimated to save the Utility and its rate payers about 30 basis points on the tax-exempt portion of h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_memo_bond sale_oct 2 2007.doc Toni Nelson,Council President Member of the Renton City Council October 2,2007 Page 3 of 3 N'"'' the transaction. A financial summary of the savings achieved by this approach will be provided. Relevant Documents Bond Ordinance—Describes the legal obligations to bond holders that the City is agreeing to, as part of the transaction. We have included elements for the "new money" portion, the "refunding," the taxable element and the substitution of a surety in place of the cash bond reserve. We have also included many changes to past covenants (the legal obligations)that are overly restrictive. These include reducing the coverage requirement to 1.25 times the annual debt service, rather than the highest annual debt service; clarifying the revenue description to mean"gross revenues," revising the reserve requirement; clarifying the flow of funds to include repayment of principal and interest; and changing the parity test for the issue of future bonds. The ordinance authorizes updating the public works trust fund loans. Official Statement(Preliminary Official Statement) - This is the prospectus that describes the transaction and the context for the marketplace. It is an official document for which the City becomes responsible. It is prepared by the underwriter but is the representation of the City. Bond Purchase Agreement—This is the offer by Seattle Northwest Securities to purchase the bonds through a negotiated sale. As the underwriter, Seattle Northwest Securities will purchase all the bonds at a negotiated price and sell them into the marketplace. They assume interest rate risk once we have agreed to the terms of the Bond Purchase Agreement. This agreement includes all the conditions that the City must meet as required by the underwriter. Financial Advisor Recommendation—This is a memo to the City providing guidance and advice regarding the tetttts of the Bond Purchase Agreement. Our financial policies call for the use of a financial advisor when the City negotiates a bond sale. The financial advisor works directly for the City for the purpose of assuring the City that the terms of the transaction are in its best interest. MEB/dif cc: Jay Covington,CAO Marty Wine,Assistant CAO Bonnie Walton,City Clerk Gregg Zimmerman,PBPW Administrator *me h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_memo_bond sale_oct 2 2007.doc Ngesil CITY OF RENTON,WASHINGTON ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City of Renton, Washington providing for the issuance of $ aggregate principal amount of Water and Sewer Revenue Bonds, 2007, of the City for the purpose of financing the costs of carrying out certain capital improvements of the -grri waterworks utility; providing the form, terms and covenants of the Bonds; [providing for bond insurance; ]fulfilling the reserve requirement; and approving the sale and providing for the delivery of the Bonds to Seattle-Northwest Securities Corporation, Seattle, Washington. ORDINANCE NO. i`"ge TABLE OF CONTENTS Section 1. Definitions 2 Section 2. Findings Regarding Parity Provisions and the Project 8 Section 3. Authorization and Description of Bonds 8 Section 4. Registration of Bonds and Book-Entry System 9 Section 5. Payment of Bonds 11 Section 6. Redemption; Open Market Purchase of Bonds 11 Section 7. Notice of Redemption 13 Section 8. Failure to Redeem Bonds 13 Section 9. Form of Bonds 14 Section 10. Execution of Bonds 14 Section 11. Authentication and Delivery of Bonds by Bond Registrar 14 Section 12. Lost, Stolen or Destroyed Bonds 14 Section 13. Creation of Fund 14 Section 14. Deposits into Funds 15 Section 15. Flow of Funds 16 Section 16. Pledge of Revenue and Lien Position 16 Section 17. Findings Regarding Sufficiency of Revenue 17 Section 18. Covenants 17 Section 19. Tax Covenants 19 'Norse Section 20. Defeasance of the Bonds 21 Section 21. Provision for Future Parity Bonds 21 Section 22. Approval of Purchase Agreement 24 Section 23. Bond Insurance 24 Section 24. Delivery of Bonds; Temporary Bonds 24 Section 25. Application of Bond Proceeds 25 Section 26. Undertaking to Provide Continuing Disclosure 25 Section 27. Preliminary Official Statement Deemed Final 27 Section 28. Amendments 28 Section 29. Contract: Savings Clause 29 Section 30. General Authorization, Ratification of Prior Acts 29 Section 31. Effective Date of Ordinance 29 Exhibit A Project Description Exhibit B Form of Bonds Normy 1 P:120584\20584 240 ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City of Renton, Washington providing for the issuance of $ aggregate principal amount of Water and Sewer Revenue Bonds, 2007, of the City for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility; providing the form, terms and covenants of the Bonds; [providing for bond insurance; ]fulfilling the reserve requirement; and approving the sale and providing for the delivery of the Bonds to Seattle-Northwest Securities Corporation, Seattle, Washington. WHEREAS, the City of Renton, Washington (the "City") has heretofore created and operated a waterworks utility of the City, including the water, sewer, wastewater and storm drainage systems (defined herein as the "Waterworks Utility"); and WHEREAS, by Ordinance No. , passed on , the City adopted its Capital Improvement Program; and WHEREAS, the City Council has determined that it is necessary and in the best interests of the City that certain improvements for the Waterworks Utility described in the Capital Improvement Program be made and there be adopted a system or plan of additions to and betterments and extensions of the Waterworks Utility; and WHEREAS, pursuant to chapter 35.92 RCW, the City is authorized to issue and sell, without an election, revenue bonds of the City to make additions, betterments or extensions to the Waterworks Utility; and WHEREAS, by Section XXIII of Ordinance No. 4709, the City also provided that it may issue additional water and sewer revenue bonds which will constitute a charge and lien upon the revenue of the Waterworks Utility of the City on a parity with the City's Water and Sewer Revenue Refunding Bonds, 1998 (the "1998 Bonds") and any bonds issued thereafter if such additional bonds are issued in compliance with the conditions set forth therein; and WHEREAS, by Ordinance No. 4976, the City issued its Water and Sewer Revenue Bonds,2002 (the "2002 Bonds") on a parity of lien with the 1998 Bonds; and WHEREAS,by Ordinance No. 5019, as amended by Ordinance No. 5020, the City issued its Water and Sewer Revenue Refunding Bonds, 2003 (the "2003 Bonds") on a parity of lien with the 1998 Bonds and the 2002 Bonds; and WHEREAS, by Ordinance No. 5098, the City issued its Water and Sewer Revenue Bonds, 2004 (the "2004 Bonds") on a parity of lien with the 1998 Bonds, the 2002 Bonds, and the 2003 Bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to issue and sell $ of Water and Sewer Revenue Bonds, 2007 on a parity of lien with the outstanding 1998 Bonds, 2002 Bonds, 2003 Bonds and 2004 Bonds to provide part of the funds necessary to carry out the system or plan for additions to and betterments and extensions of the Waterworks Utility, to fulfill the Reserve Requirement and to pay the costs of issuance and sale of the Bonds; and [WHEREAS, has made a commitment to issue an insurance policy insuring the payment when due of the principal of and interest on the Bonds as provided therein, and the City Council deems that the purchase of such policy is in the best interest of the City; and] WHEREAS, Seattle-Northwest Securities Corporation, Seattle, Washington, has offered to purchase the Bonds under the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: "Alternate Security" shall mean any bond insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on the Parity Bonds, issued by an institution that has been assigned a credit rating at the time of issuance of such Parity Bonds secured by such Alternate Security equal to or better than the highest then-existing rating for any of the Parity Bonds. "Annual Debt Service" for any year shall mean all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year. "Beneficial Owner" shall mean any person that has or shares the power, directly or indirectly to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). "Bond Fund" shall mean that special fund of the City known as the 2007 Waterworks Revenue Bond Fund created by this ordinance for the payment of the principal of and interest on the Bonds. ["Bond Insurer" shall mean .] ["Bond Insurance Policy" shall mean the municipal bond insurance policy issued by the Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as provided herein.] "Bond Register" means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. -2- P:\20584\20584 24Q • "Bond Registrar" means the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the principal of, premium, if any, and interest on the Bonds. "Bonds" shall mean the $ City of Renton, Washington Water and Sewer Revenue Bonds, 2007, authorized to be issued by this ordinance. "City" shall mean the City of Renton, Washington, a duly organized and legally existing noncharter code city under the laws of the State. "City Finance Director" shall mean the City's Finance and Information Services Administrator or the successor to such officer. "Closing" shall mean the date of the delivery of the Bonds by the City to the Underwriter and the payment therefor by the Underwriter. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "Coverage Requirement" shall mean in any calendar year 1.25 times the Maximum Annual Debt Service; provided, that once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, the term "Coverage Requirement" shall mean in any calendar year 1.25 times the Annual Debt Service for such year. "DTC" means The Depository Trust Company,New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to this ordinance. "Fitch" means Fitch, Inc., organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "Future Parity Bonds" shall mean all water and sewer revenue bonds of the City issued after the date of the issuance of the Bonds and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the Bonds. "Government Obligations" means those obligations now or hereafter defined as such in chapter 39.53 RCW. "Gross Revenue" shall mean all of the earnings and revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of -3- P:\Q0584\20584_240 bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other �.r earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. "Letter of Representations" shall mean the Blanket Issuer Letter of Representations from the City to DTC dated April 15, 1997. "Maintenance and Operation Expense" shall mean all reasonable expenses incurred by the City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City's administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility. "Maximum Annual Debt Service" shall mean, at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the outstanding Parity Bonds. "Moody's" means Moody's Investors Service, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a Now. securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Net Proceeds," when used with reference with the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. "Net Revenue" shall mean Gross Revenue less Maintenance and Operation Expense. "1998 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, 1998. "NRMSIR" shall mean a nationally recognized municipal securities information repository designated by the SEC. "Outstanding" means, as of any particular time, all Parity Bonds issued theretofore except (a) Parity Bonds theretofore canceled by the Bond Registrar after purchase by the City in the open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for which funds have been deposited into a trust account pursuant to the ordinances authorizing the issuance of the Parity Bonds, but only to the extent that the principal of and interest on such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or err destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance -4- P\20584\20584 240 411 authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to the ordinances authorizing their issuance. ,, 400 "Owner" shall mean the person named as the registered owner of a Bond on the Bond Register. "Parity Bonds" shall mean the 1998 Bonds, the 2002 Bonds, the 2003 Bonds, the 2004 Bonds, the Bonds and any Future Parity Bonds. "Parity Bond Fund" shall mean any fund created for the payment and redemption of Parity Bonds. "Private Person" means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. "Private Person Use" means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such r.r use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minim is fee to cover custodial expenses. "Professional Utility Consultant" shall mean an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained. "Project" shall mean the following project to be financed, in whole or in part, with proceeds of the Bonds: (1) undertaking the additions, betterments or extensions to the Waterworks Utility described in the Capital Improvement Program, including, but not limited to, the capital improvements described in Exhibit A to this ordinance, (2) fulfilling the Reserve Requirement, and (3) paying the incidental costs and costs of issuing the Bonds. "Project Fund" shall mean the Waterworks Utility Construction Fund of the City created by Ordinance No. for purpose of paying costs of the Project. "Purchase Agreement" shall mean the Bond Purchase Agreement for the Bonds, dated October 22, 2007, by and between the City and the Underwriter. ,1401 -5- P\20584'Q0584_24Q "Qualified Insurance" means any non-cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest Rating Categories by both Moody's and S&P. "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of registered owners of the Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is currently rated in one of the two highest Rating Categories by either Moody's or S&P. "Rate Stabilization Fund" shall mean the fund of that name created for the purposes described in Ordinance No. 4709. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC shall be deemed to be the sole Registered Owner. "Reserve Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Reserve Fund created by Ordinance No. 4709 for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. "Reserve Insurance" shall mean, in lieu of cash and investments, insurance obtained by the City equal to part or all of the Reserve Requirement for any Parity Bonds then outstanding for which such insurance is obtained, issued by an institution that has been assigned a credit rating equal to or better than the highest then-existing rating for any of the Parity Bonds. "Reserve Requirement" shall mean the Maximum Annual Debt Service; provided, that once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, the term "Reserve Requirement" shall mean with respect to any issue of Parity Bonds, the lesser of (a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the Code. "Rule" shall mean SEC Rule 15c2-12. "S&P" means Standard & Poor's, a Division of The McGraw Hill Companies, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "SEC" shall mean the United States Securities and Exchange Commission. *,,. "SID" shall mean a state information depository for the State (if one is created). -6- P\20584\20584_240 "State" shall mean the State of Washington. "Term Bonds" shall mean any Parity Bonds identified as such in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of bonds in accordance with a mandatory sinking fund requirement. "Term Bond Maturity Year" shall mean any calendar year in which Term Bonds are scheduled to mature. "2004 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2004. "2003 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, 2003. "2002 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2002. "Underwriter" shall mean Seattle-Northwest Securities Corporation, Seattle, Washington. "Waterworks Utility" shall mean the combined water, sewer, wastewater and storm drainage systems of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding. ,4400 "Waterworks Utility Fund" shall mean that special fund of the City into which all Gross Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited. Rules of Interpretation. In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term"heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; -7- P\20584\20584_24Q (e) All references herein to "articles," "sections" and other subdivisions or clauses are `'" to the corresponding articles, sections, subdivisions or clauses hereof; and (f) Words importing the singular number include the plural number and vice versa. Section 2. Findings Regarding Parity Provisions and the Project. The City Council hereby finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the issuance of Future Parity Bonds as set forth in Section 23 of Ordinance No. 4709, Section 22 of Ordinance No. 4976, Section 20 of Ordinance No. 5019, as amended, and Section 22 of Ordinance No. 5098 and that there will be on file prior to the issuance and delivery of the Bonds a certificate of the City Finance Director that satisfies the conditions for such certificate as set forth in Ordinance Nos. 4709, 4976, 5019 and 5098. The City Council further finds that the additions, betterments or extensions to the Waterworks Utility, described in Exhibit A attached hereto (the "Project"), are consistent with the system or plan of additions to and betterments and extensions of the Waterworks Utility as described in the Capital Improvement Program. Therefore, the Bonds shall be issued on a parity of lien with the Parity Bonds. Section 3. Authorization and Description of Bonds. For the purpose of obtaining part of the funds necessary to carry out the Project, the City shall issue the Bonds in the aggregate principal amount of$ . The Bonds shall be designated "City of Renton, Washington Water and Sewer Revenue Bonds, 2007;" shall be dated the date of their initial issuance and �,.. delivery; shall be in the denomination of$5,000 or any integral multiple thereof within a single maturity; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for purpose of identification; shall bear interest from their date (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each June 1 and December 1, commencing June 1, 2008, to the maturity or prior redemption of the Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years Interest (December 1) Amounts Rates *Term Bonds If any Bond is duly presented for payment upon maturity and is not paid, then interest thereon r shall continue to accrue thereafter at the rate stated therein until such Bond is paid. No -8- P\20584\20584 240 The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-105. NIS Section 4. Registration of Bonds and Book-Entry System. (a) Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the City Finance Director upon prior notice to the Bond Registrar and a successor Registrar appointed by the City Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Registrar shall have accepted the duties of the Bond Registrar hereunder. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 23 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such Bond may be transferred as herein provided. All such payments made as described in Section 7 shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. (d) Use of Depository. -9- P:\20584\20584_240 (i) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the City Finance Director pursuant to subsection (ii) below or such substitute depository's successor; or(C) to any person as provided in subsection (iv) below. (ii) Upon the resignation of DTC or its successor(or any substitute depository or its successor) from its functions as depository or a determination by the City Finance Director to discontinue the system of book entry transfers through DTC or its successor(or any substitute depository or its successor), the City Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request of the City Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the City Finance Director. (iv) In the event that (A) DTC or its successor (or substitute depository or its joare— successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the City Finance Director deteiiuines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The City Finance Director shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request of the City Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3755 establishing a system of registration for the City's bonds and obligations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner Nosy -10- P\20584\20584_24Q or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. (f) Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $100,000 of Bonds (received by the Bond Registrar at least 10 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the continental United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. The Bonds shall be payable solely out of the Bond Fund and the Reserve Fund and shall be a valid claim of the Owners thereof only as against the Bond Fund, Reserve Fund and the amount of Net Revenue pledged to those funds and shall not be general obligations of the City. Section 6. Redemption; Open Market Purchase of Bonds. The Bonds maturing on are term bonds (the "Term Bonds") and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption prior to maturity, in part and by lot (in such manner as the Bond Registrar shall determine), at a price of par plus accrued interest to the date of redemption on December 1 in the following years and in the following amounts: Term Bonds Due December 1, -11- P\20584\20584_24Q Mandatory Sinking Fund Redemption Dates (December 1) Redemption Amount *Scheduled maturity The Bonds maturing on or after December 1, 2018 shall be subject to optional redemption prior to maturity on and after December 1, 2017, in whole or in part on any date (maturities to be selected by the City and by lot within a maturity in such manner as the Bond Registrar shall determine), at par plus accrued interest to the date of redemption. If the City shall optionally redeem Term Bonds or purchase Term Bonds in the open market, the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual ''ww redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for such Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated. Any Bond in the principal amount of greater than $5,000 may be partially redeemed in any integral multiple of$5,000. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this paragraph. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of$5,000. In the case of a Bond of a denomination greater than $5,000, the City and Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of$5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event of a partial redemption of a Bond, upon surrender of such Bond at the principal corporate trust office of the Bond Registrar, a new Bond or Bonds (at the option of the Owner) of the same maturity and interest rate and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner therefore, in any denomination authorized by this ordinance and selected by the Owner. -12- P:\20584\20584 240 The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. „moi All Bonds purchased under this Section shall be canceled. Section 7. Notice of Redemption. For so long as the Bonds are held in uncertificated form, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter, notice of redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Owner of any Bond to be redeemed at the address appearing on the Bond Register on the day notice is mailed, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Owner of any Bond. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed,the identification by maturity(and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption,and that interest thereon shall cease to accrue from and after said date, and (E)the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. If such notice to the Owners shall have been given and the City shall have set aside, on the date fixed for redemption, sufficient money for the payment of all Bonds called for redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding under this ordinance for any purposes, except that the Owners thereof shall be entitled to receive payment of the redemption price and accrued interest to the redemption date from the money set aside for such purpose. In addition, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B)the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 35 days before the redemption date to the Bond Insurer, if any, to party entitled to receive notice pursuant to Section 26, and to such persons (including securities repositories who customarily at the time receive notices of redemption in accordance with rules promulgated by the SEC) and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. Section 8. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or redemption date, the City shall be obligated to pay interest on such NIS -13- P:\20584\20584_240 Bond at the same rate provided in the Bond from and after its maturity or redemption date until such Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, and the Bond has been called for redemption by giving notice of that redemption to the Owner of each of such unpaid Bonds. Section 9. Folin of Bonds. The Bonds shall be in substantially the form set forth in Exhibit B attached hereto. Section 10. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Section 11. Authentication and Delivery of Bonds by Bond Registrar. The Bond Registrar is authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 12. Lost, Stolen or Destroyed Bonds. In case any Bonds shall be lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the owner thereof upon the owner's paying the expenses and charges of the Bond Registrar and the City in connection therewith and upon his filing with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his ownership thereof, and upon furnishing the City and the Registrar with indemnity satisfactory to both. Section 13. Creation of Fund. There is hereby created in the City Treasury the 2007 Waterworks Revenue Bond Fund (the "Bond Fund"), which shall be a subaccount of the Waterworks Utility Fund. -14- P:\20584\20584 24Q L Section 14. Deposits into Funds. The Bond Fund shall be maintained for the purpose of paying the principal of and interest on the Bonds. As long as any Bond remains outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into the Bond Fund those amounts necessary, together with such other funds as are on hand and available in the Bond Fund, to pay the interest or principal and interest next coming due on outstanding Bonds. Such payments from the Waterworks Utility Fund to the Bond Fund shall be made in a fixed amount without regard to any fixed proportion following the closing and delivery of the Bonds on or before each date on which an installment of interest or principal and interest falls due on the Bonds equal to the installment of interest or principal and interest. There has heretofore been created by the City a special fund of the City known as the Waterworks Revenue Bond Reserve Fund (the "Reserve Fund") for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. The City hereby irrevocably covenants and agrees that on or prior to the date of issuance of the Bonds, the amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement for the Parity Bonds. The City shall satisfy the Reserve Requirement by depositing proceeds of the Bonds or other funds available therefor into the Reserve Fund or by obtaining Reserve Insurance. Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund. Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of Parity Bonds when and to the extent the City has redeemed or otherwise defeased any Nvisof Outstanding Parity Bonds. If there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bonds, that deficiency shall be made up from the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Alternate Security or Reserve Insurance for that purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up from Net Revenue first available after making necessary provisions for the required payments into the Bond Fund. Any money in the Reserve Fund in excess of the Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any other lawful Waterworks Utility purpose. The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining in those funds is sufficient to satisfy the required deposits in those funds for the remaining Parity Bonds. All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the official bank depository of the City or in any national bank or may be invested in any legal investment for City funds. Interest on any of those investments or on that bank account shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund. -1 5- P:\20584\20584_24Q Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond Fund or the Reserve Fund, the City also may transfer out of the Bond Fund or Reserve Fund any money required in order to prevent any Parity Bonds from becoming "arbitrage bonds" under the Code. If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment. Section 15. Flow of Funds. Gross Revenue on deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority: (a) To pay Maintenance and Operation Expense; (b) To pay the interest on the Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; (c) To pay the principal of the Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; 44110, (d) To make all payments required to be made into any sinking fund or bond redemption fund hereafter created for the payment of Future Parity Bonds which are Term Bonds; (e) To make all payments required to be made into the Reserve Fund, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; (f) To make all payments required. to be made into any revenue bond redemption fund or warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and (g) To retire by optional redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Waterworks Utility, to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose. Section 16. Pledge of Revenue and Lien Position. The Net Revenue is pledged to the payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such ,, Net Revenue prior and superior to any other charge whatsoever. -16- P-\20584\20584 240 Section 17. Findings Regarding Sufficiency of Revenue. In the judgment of the City Council, Gross Revenue and benefits to be derived from the operation and maintenance of the 44404 Waterworks Utility, at the rates to be charged for water, sanitary sewage disposal service and storm and surface water drainage service in the entire utility, will be more than sufficient to meet all Maintenance and Operation Expense (and cost of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and the debt service requirements of the outstanding Parity Bonds and to permit the setting aside in the Bond Fund and the Reserve Fund, out of the revenue of the entire utility, of amounts sufficient to pay the interest on the Bonds as that interest becomes payable and to pay and redeem all of the Bonds at maturity. The City Council further declares that in creating the Bond Fund and in fixing the amounts to be paid into the Bond Fund and the Reserve Fund, as aforesaid, it has exercised due regard for the Maintenance and Operation Expense (and costs of maintenance and operation as used in RCW 35.92.100) and the debt service requirements of the currently outstanding Parity Bonds, and the City has not bound and obligated itself to set aside and pay into the Bond Fund and the Reserve Fund, a greater amount or proportion of the revenue of that utility than in the judgment of the City Council will be available over and above Maintenance and Operation Expense (and such costs of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and debt service requirements of the currently outstanding Parity Bonds and that no portion of the Gross Revenue has been previously pledged for any unrefunded indebtedness other than the payment of the currently outstanding Parity Bonds. Section 18. Covenants. The City covenants and agrees with the Owner of each Bond at any time outstanding as follows: (a) Rate Covenant. It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient to (A)pay all Maintenance and Operation Expense on a current basis, (B)pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C)pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and (2) Net Revenue in each calendar year will be at least equal to the Coverage Requirement. (b) Maintenance and Repair. It will at all times maintain and keep the Waterworks Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (c) Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance. .4100 -17- P:\20584\20584_240 • It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements 141" thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (1) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period; (2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Net Revenue for that period; or (3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks Utility immediately prior to such sale or disposition. Notwithstanding any other provision of this subsection, (1)the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks Utility or any real or personal property comprising a part of the same which shall have become Nialw unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks Utility to another municipal corporation so long as Net Revenue of the portion of the Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance. (d) Books and Records. It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility. Such statements shall be sent to the Owner of any Parity Bonds upon written request therefor being made to the City. (e) No Free Service. Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or -1 8- P\20584\20584_24Q supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. (f) Insurance. It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Owners of the Parity Bonds against loss. (g) Maintenance and Operation Expense. It will pay all Maintenance and Operation Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet the obligations of the City as herein set forth. Section 19. Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a bond year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for -1 9- P:\20584\20584 240 any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a bond year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection(4) hereof that is in excess of the five percent limitations described in such subsections (3) or(4) will be for a Private Person Use that is related to the state or local governmental use of the Project, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the project to which the Private Person Use of such portion of the Project relates. The City further covenants that it will comply with any limitations on the use of the projects by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this Section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this Section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this Section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. [(d) No Designation under Section 265(b). The Bonds are not "qualified tax exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] [(d) Qualified Tax-Exempt Obligation. The City hereby designates the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. The City does not anticipate that it will issue more than $10,000,000 in qualified tax-exempt obligations during 2007.] New -20- P:\20584\20584 240 Section 20. Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then-outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or Governmental Obligations maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or decrease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance, in Gross Revenue and in funds and accounts obligated to the payment of the defeased Bonds, other than the right to receive the funds so set aside and pledged, shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account and, if the funds in the trust account are not available for such payment, shall have the residual right to receive payment of the principal of and interest on the defeased Bonds from Gross Revenue without any priority of lien or charge against such revenue or covenants with respect thereto except to be paid therefrom. After the establishing and full funding of the trust account, the City may then apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine, subject only to the rights, if any, of the owners of any other Parity Bonds then outstanding. If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or Governmental Obligations pending the prior redemption of the defeased Bonds and if such refunding plan also provides that certain cash and/or Governmental Obligations are pledged irrevocably for the prior redemption of the defeased Bonds included in that refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of coverage for determining compliance with the rate covenants. Within 45 days of any defeasance of Bonds, the City shall provide notice of defeasance of Bonds to Registered Owners of Bonds being defeased, and to the Bond Insurer, if any, and to each party entitled to receive notice in accordance with Section 26. Section 21. Provision for Future Parity Bonds. The City reserves the right to issue Future Parity Bonds if the following conditions are met and complied with at the time of issuance of those additional bonds: (a) There shall be no deficiency in any Parity Bond Fund. (b) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of a Parity Bond Fund. (c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of -2 1- P.\20584\20584 240 (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. For federal income tax purposes, at the discretion of the City, to the extent that the Reserve Requirement cannot be funded from Future Parity Bond proceeds, the City shall provide for deposit into the Reserve Fund other legally available money from Net Revenue or Reserve Insurance or Alternate Security within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments. After the 1998 Bonds, the 2002 Bonds, and the 2003 Bonds are no longer Outstanding, this subsection shall be amended to read as follows: (c)The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into the Reserve Fund of other legally available money from Net Revenue or Reserve Insurance or Alternate Security either on or prior to the date of issuance of such Future Parity Bonds or within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments and in such event, the ordinance providing for the issuance of such Future Parity Bonds shall provide for such deposit. After the 1998 Bonds, the 2002 Bonds,the 2003 Bonds and the 2004 Bonds are no longer Outstanding, this subsection shall be amended to read as follows: (c) The ordinance providing Ir.y for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into the Reserve Fund of other legally available money from Net Revenue or Reserve Insurance or Alternate Security on or prior to the date of issuance of such Future Parity Bonds. (d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund. (e) There shall be on file with the City either: (1) a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 36 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; provided, once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the Nagle -22- P\20584\20584_24Q 2004 Bonds are no longer Outstanding, this Section shall be amended to read as follows: a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 24 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; or (2) a certificate of a Professional Utility Consultant that in such consultant's opinion Net Revenue for any 12 consecutive calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter; provided, once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, this Section shall be amended to read as follows: a certificate of a Professional Utility Consultant that in such consultant's opinion Net Revenue for any 12 consecutive calendar months out of the immediately preceding 24 calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter. The certificate, in estimating Net Revenue available for debt services, may adjust Net Revenue to reflect: (A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; (B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year's Net Revenue from those customers; (C) Income from any customers to be connected to the Waterworks *SI Utility who have paid the required connection charges; (D) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers anticipated to connect for whom building peuiiits have been issued; (E) Income received or to be received which is derived from any person, firm corporation or municipal corporation under any executed contract for water, sewage disposal or other utility service, which revenue was not included in the historical Net Revenue; (F) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the Waterworks Utility constructed and to be paid for out of the proceeds of the sale of the additional Future Parity Bonds or other additions to and improvements and extensions of the Waterworks Utility when such additions, improvements and extensions are not completed; and (G) Any increases or decrease in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the 12-month period. If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such certification of coverage shall not -23- P-\20584\20584 24Q be required if the amount required for the payment of the principal and interest in each year for the refunding bonds is not increased more than $5,000 over the amount for that same year required for the bonds or the portion of that bond issue to be refunded thereby and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby. Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Bonds or Future Parity Bonds then outstanding, money for the payment of which is not otherwise available. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund. Section 22. Approval of Purchase Agreement. The Underwriter has presented the Purchase Agreement to the City pursuant to which the Underwriter has offered to purchase the Bonds. The City Council finds that entering into the Purchase Agreement is in the best interests of the City, and therefore accepts the offer contained in the Purchase Agreement and authorizes and directs the execution of the Purchase Agreement on behalf of the City by City officials, and delivery of the same to the Underwriter. [Section 23. Bond Insurance. (a) Acceptance of Insurance. In accordance with the offer of the Underwriter to purchase the Bonds, the City Council hereby approves the commitment of the Bond Insurer to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the Bonds (the "Bond Insurance Policy"). The City Council further authorizes and directs all proper officers, agents, attorneys and employees of the City to cooperate with the Bond Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City as shall be necessary or advisable in providing for the Bond Insurance Policy. (b) Payments Under the Bond Insurance Policy and Rights of the Bond Insurer. [TO COME] Section 24. Delivery of Bonds; Temporary Bonds. The proper City officials, including, but not limited to, the City Finance Director, are authorized and directed (a) to execute all documents necessary to complete the issuance and delivery of the Bonds to the Underwriter, including, but not limited to, the final official statement pertaining to the Bonds; and (b) to do everything necessary for (1)the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and (2) the preparation, execution and delivery of definitive Bonds to the Underwriter, each without unreasonable delay. If definitive Bonds are not ready for delivery by the date of Closing agreed to by the City and the Underwriter, the City, upon the approval of the Underwriter, may cause to be issued and delivered to the Underwriter one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as Noir -24- P:\20584\20584 24Q definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owner thereof for definitive Bonds when the latter are ready for delivery. 4410 Section 25. Application of Bond Proceeds. The accrued interest, if any, received by the City at Closing shall be deposited into the Bond Fund and shall be applied to the payment of interest first coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Underwriter on behalf of the City[, plus the original issue premium,] shall be applied, upon receipt, as follows: the amount required to meet the Reserve Requirement shall be deposited into the Reserve Fund or used to acquire Qualified Insurance, and the remainder shall be deposited into the Project Fund to pay part of the costs of the Project. Except as provided by the Code and Section 19 of this ordinance, the interest and profits derived from the investment of Bond proceeds shall be deposited in the Project Fund and applied as described in the preceding paragraph. Except as provided by the Code and Section 19 of this ordinance, if any money allocable to the Bond proceeds remains in the Project Fund after payment of all the costs of the Project or after termination of the Project by the City, such money shall be transferred to the Bond Fund and applied to the payment of the principal of and interest on the Bonds. Pending application as described in this Section and subject to the requirements of the Code and Section 19 of this ordinance,money allocable to the Bond proceeds in the Project Fund may be temporarily deposited in such institutions or invested in such investments as may be lawful for the investment of City funds. Section 26. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection(b)(5)(i) of the Rule. The City hereby agrees to provide or cause to be provided to each then existing NRMSIR and to the SID, if one is created, in each case as designated by the SEC, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing in 2008 with the calendar year ending December 31, 2007: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time by the Washington State Auditor pursuant to RCW 43.09.200, which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) A statement of authorized, issued and outstanding bonded debt secured by the Net Revenue; (c) Debt service coverage ratios; -25- P:\20584\20584 240 (d) General customer statistics for the Waterworks Utility contained in the final official statement for the Bonds under the heading "The Waterworks Utility—Number of Water "' Customers," "—Water Billing," "—Number of Wastewater Customers," "—Wastewater Billing," "—Number of Storm Drainage Customers," and "—Storm Drainage Billing" and (e) A narrative explanation of the reasons for any amendments to this Section made during the previous fiscal year and-the impact of such amendments on the Annual Financial Information being provided. The Annual Financial Information shall be provided on or before the last day of the seventh month following the end of such prior fiscal year; provided, after the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding the City shall provide the following Annual Financial Information on or before the last day of the ninth month following the end of the prior fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such Annual Financial Information, the City may cross-reference to any "final official statement" (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if any. Alsor The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each then existing NRMSIR, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties;. 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of the Owners of the Bonds; 8. Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856); 9. Defeasances of the Bonds; -26- P.\20584120584 24Q 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that there is no property securing repayment of the Bonds. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the date set forth above. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter" issued by the SEC, this Section may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies and provides the SID, if any, and each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section shall be limited to the right to obtain specific enforcement of the City's obligations under this Section, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this ordinance. The City Finance Director is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section. The City may elect to submit the information required by this Section to be filed with the NRMSIRs and the SID, if any, directly to DisclosureUSA.org unless or until the SEC withdraws its approval of this submission process. Section 27. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated , 2007 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of the Rule, the City"deems -27- P\20584\20584 24Q final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 28. Amendments. (a) The City Council from time to time and at any time may pass an ordinance or ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more or all of the following purposes: (1) To add to the covenants and agreements of the City in this ordinance, other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of any Bonds, or to surrender any right or power herein reserved. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard to matters or questions arising under such ordinances as the City Council may deem necessary or desirable and not inconsistent with such ordinances and which shall not adversely affect, in any material respect, the interest of the owners of Bonds. In any such supplemental ordinance may be adopted without the consent of the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of subsection (b) of this section. (b) With the consent of the owners of not less than sixty-five percent (65%) in ` .►' aggregate principal amount of the Bonds at the time outstanding, the City Council may pass an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided, however,that no such supplemental ordinance shall: (1) Extend the fixed maturity of any Bonds, or reduce the rate of interest thereon, or extend the time of payment of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the owner of each Bond so affected; or (2) Reduce the aforesaid percentage of Bondowners required to approve any such supplemental ordinance, without the consent of the owners of all of the Bonds then outstanding. It shall not be necessary for the consent of Bondowners under this subsection (b) to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof. For the purpose of consenting to amendments under this subsection (b), the Insurer shall be deemed to be the sole Registered Owner of the Bonds then outstanding. (c) Upon the adoption of any supplemental ordinance pursuant to the provisions of this Section, this ordinance shall be deemed to be modified and amended in accordance w -28- P\20584\20584 24Q therewith, and the respective rights, duties and obligations of the City under this ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined, exercised and Nogie enforced thereunder, subject in all respects to such modifications and amendments, and all terms and conditions of any such supplemental ordinance shall be deemed to be part of the terms and conditions of this ordinance for any and all purposes. (d) Bonds executed and delivered after the execution of any supplemental ordinance passed pursuant to the provisions of this section may have a notation as to any matter provided for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new Bonds so modified as to conform, in the opinion of the City Council, to any modification of this ordinance contained in any such supplemental ordinance, may be prepared and delivered without cost to the owners of any affected Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. (e) Exclusion of Bonds Owned by City. Bonds owned or held by or for the account of the City shall not be deemed outstanding for the purpose of any vote or consent or other action or any calculation of outstanding Bonds in this ordinance provided for, and shall not be entitled to vote or consent or take any other action in this ordinance provided for. (f) Bonds Held by Securities Repositories. For so long as the Bonds are held in book entry only form, communications with the owners shall be made with the securities depository who is the "Registered Owner" of the Bonds and communications with (and obtaining consents from) beneficial owners shall be made in accordance with the operational procedures of the securities depository that is the "Registered Owner" of the Bonds. Section 29. Contract: Savings Clause. The covenants contained in this ordinance and in the Bonds shall constitute a contract between the City and the Owner of each and every Bond. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction and after final appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. Section 30. General Authorization; Ratification of Prior Acts. The Mayor, the City Finance Director and other appropriate officers of the City are authorized to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 31. Effective Date of Ordinance. This ordinance shall be effective upon its passage, approval and five days after publication. PASSED by the City Council this 22nd day of October, 2007. -29- P.\20584\20584 24Q Bonnie Walton, City Clerk APPROVED BY THE MAYOR this 22"a day of October, 2007. Kathy Keolker,Mayor Approved as to Form: Bond Counsel Date of Publication: Nome -30- P\20584\20584 24Q EXHIBIT A Project Description Proceeds of the Bonds are expected to be used for the following Projects: • Renton Village Storm System Improvement—planning, designing and constructing a storm system to increase capacity. • Gypsy Basin/Ripley Lane Storm System Improvement—replacing an existing culvert which will connect into a 60-inch storm system on the new Seahawks headquarters/training facility site. • SW 34th Street Culvert Replacement—replacing existing culvert to improve conveyance activity, reduce upstream flooding and improve fish passage. • Hazen 565 Zone Reservoir—designing and constructing a 4.2 million gallon reservoir. • Emergency Power to Pump Stations—installing emergency electrical power generation facilities. • Summerwind/Stongate Lift Station Replacement—constructing a new station to ensure sufficient capacity in a rapidly growing area. • Central Plateau Interceptor Phase 2 — constructing an interceptor to serve eastern portion of service area. A-1 P\20584\20584 240 EXHIBIT B Form of Bonds The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA [Statement of Insurance] No. STATE OF WASHINGTON CITY OF RENTON WATER AND SEWER REVENUE BOND, 2007 INTEREST RATE: MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & Co. PRINCIPAL AMOUNT: ___ The City of Renton, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (herein called the "City") hereby acknowledges itself to owe and for value received promises to pay, but only from the sources and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from the date of delivery, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above, payable on June 1, 2008, and semiannually thereafter on the first days of each December and June until such principal sum is paid or payment has been duly provided for. Both principal of and interest on this bond are payable in lawful money of the United States of America. Interest and principal shall be paid as provided in the Blanket Issuer Letter of Representations (the "Letter of Representations") by the City to The Depository Trust Company ("DTC"). The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). Capitalized terms used in this bond that are not specifically defined have the meanings given such terms in Ordinance No. of the City (the "Bond Ordinance"). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the security for the bonds of this issue, the funds or revenues pledged, and the terms and conditions upon which such bonds are issued. This bond is one of an authorized issue of bonds of the City of like date and tenor except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of B-1 P\20584\20584_240 $ . This issue of bonds is authorized by the Bond Ordinance for the purposes of providing money to pay part of the cost of construction and acquisition of certain improvements .4000 to the Waterworks Utility, fund the Reserve Fund, and to pay costs of issuance of the bonds of this issue, all as specified in the Bond Ordinance. This bond and the bonds of this issue are payable solely from the special funds of the City defined as the "Bond Fund" and the "Reserve Fund" in the Bond Ordinance. The City has irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or from such other moneys as may be provided therefor certain amounts necessary to pay and secure the payment of the principal and interest on such bonds. The bonds of this issue are not general obligations of the City. The bonds of this issue are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). [The bonds of this issue are not "qualified tax-exempt obligations" under Section 265(b) of the Code.] The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and duly adopted ordinances of the City. The City hereby covenants and agrees with the owner of this bond that it will keep and perform all the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants. The City does hereby pledge and bind itself to set aside from the Waterworks Utility Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the .444100 Reserve Fund the various amounts required by the Bond Ordinance to be paid into and maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund and the account therein shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the amounts required to pay and secure the payment of the 1998 Bonds, the 2002 Bonds, the 2003 Bonds, and the 2004 Bonds and any revenue bonds of the City hereafter issued on a parity with the bonds of this issue and superior to all other liens and charges of any kind or nature except Maintenance and Operation Expense. The pledge of Net Revenue and other obligations of the City under the Bond Ordinance may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the making of provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. The bonds of this issue are subject to redemption prior to their scheduled maturities as provided in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. B-2 P\20584\20584 24Q It is hereby certified that all acts, conditions, and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done, and performed precedent to and in the issuance of this bond have happened, been done, and performed. IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or manual signature of the City Clerk, all as of this day of , 2007. CITY OF RENTON, WASHINGTON By /s/ facsimile or manual Mayor ATTEST: /s/ facsimile or manual City Clerk The Bond Registrar's certificate authentication on the Bonds shall be in substantially the following form: . CERTIFICATE OF AUTHENTICATION Date of Authentication: , 2007 This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Water and Sewer Revenue Bonds, 2007 of the City of Renton, Washington, dated , 2007. WASHINGTON STATE FISCAL AGENCY, Registrar By Authorized Signer B-3 P\20584\20584 240 - .a 7 CITY OF RENTON COUNCIL AGENDA BILL AI#: 1, C . 1/40100 Submitting Data: For Agenda of: Dept/Div/Board.. Finance&IS Department October 8, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Interlocal Agreement for Purchasing with Ordinance King County Directors' Association Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Agreement Information Resolution Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated LK Total Project Budget City Share Total Project SUMMARY OF ACTION: The Maplewood Golf Course would like to utilize the purchasing agreement that KCDA has with Atlas Track and Tennis for installation and repair of field turf. Being able to utilize KCDA's purchasing arrangement with Atlas would result in time and money savings for a capital project involving the driving range. The proposed interlocal agreement also allows all City departments to purchase through KCDA's local government purchasing cooperative,which is widely used by cities in Western Washington. STAFF RECOMMENDATION: Approve the Resolution authorizing the Mayor and City Clerk to execute the interlocal Interstate Associate Membership Agreement with the King County Directors' Association. H:\FINANCE\ADMINSUP\O1_AgendaBills\2007_interlocal agmt with KCDA for purchasing.doc ti`SY O� FINANCE AND INFORMATION SERVICES �= ® DEPARTMENT -criNrcv MEMORANDUM DATE: September 27, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ' Kathy Keolker, Mayor FROM: Mike Bailey, Administrators" SUBJECT: Interlocal Agreement Purchasing with King County Directors' Association (KCDA) ISSUE Should the City enter into an interlocal agreement with King County Directors' Association that allows the City to purchase supplies, equipment and materials? BACKGROUND The Maplewood Golf Course would like to utilize the purchasing agreement that KCDA has with Atlas Track and Tennis for installation and repair of field turf Being able to utilize KCDA's purchasing arrangement with Atlas would result in time and money savings for a capital project *trio involving the driving range. The proposed interlocal agreement would allow all City departments to purchase through KCDA's local government purchasing cooperative,which is widely used by cities in Western Washington. The KCDA was formed by King County school districts to create volume purchasing, fulfill bid law requirements, manage centralized receiving and distribution, and offer single-source purchasing for supplies, furniture, equipment, and services requested by its members and subscribers. KCDA operates under the same laws and regulations that apply to individual school districts and local governments. Therefore, buying through this interlocal agreement with the KCDA complies with the purchasing laws that apply to the City. And, as a result of KCDA's joint purchasing efforts, they are often able to obtain better pricing than the City on many commodities. RECOMMENDATION Staff recommends that the Council approve the Resolution authorizing the Mayor and City Clerk to execute the interlocal Interstate Associate Membership Agreement with the King County Directors' Association. MEB/dlf cc: Terry Higashiyama,Community Services Administrator '' Leslie Betlach,Parks Director Kelly Beymer,Golf Course Manager h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_memo re interlocal agmt with kcda.doc INTERSTATE ASSOCIATE MEMBERSHIP AGREEMENT BETWEEN KING COUNTY DIRECTORS'ASSOCIATION AND Whereas,King County Directors'Association is authorized by RCW 39.34 to enter into an agreement with other public agencies to purchase any and all merchandise otherwise available to public school districts;and Whereas,the desires to enter into an agreement with King County Directors'Association authorizing said institution to purchase supplies,equipment and materials through King County Directors'Association; now therefore, It is mutually agreed as follows: 1. King County Directors'Association(hereinafter referred to as"KCDA"),hereby agrees to sell to the undersigned institution supplies,equipment and materials,hereinafter referred to as"goods",as set forth in its current catalog(s),from existing inventory and special purchases,at current cost factors plus variable administrative fees for services rendered. 2. The undersigned institution agrees to pay for all items purchased within forty(40)days from the date of shipment from KCDA's warehouse or supplier. 3. Title to goods(except for the security interest retained under the Uniform Commercial Code,Title 62 RCW)shall pass on shipment or delivery to a common carrier,whichever occurs earlier,and all risk of loss shall pass to the purchaser on shipment or delivery to a common carrier. 4. In the event it is necessary for KCDA to employ the services of an attorney to enforce any provision hereof,or to collect any money due under the terms hereof,the purchaser agrees to pay the reasonable cost thereof including all costs and fees incurred in connection therewith. In the event it is necessary for KCDA to commence a legal action with respect to the enforcement of this agreement,the parties stipulate as follows: (a) the contract was formed in the State of Washington; (b) the contract shall be construed in accordance with the laws of the State of Washington;and (c) the action shall be commenced and tried in the superior court for King County,Washington. 5. It is further understood and agreed that KCDA is obligated to supply equipment,materials and supplies only if available and to secure the same at the best prices possible and that KCDA will not be liable to the undersigned institution in the event it is unable to supply or provide any supplies, materials or equipment requested by the undersigned institution. 6. Either party may cancel this agreement on thirty(30)days written notice or five(5)days notice for late payment. 7. The undersigned institution does not claim any proprietary interest of any nature whatsoever in KCDA or any funds or assets held by KCDA,and it is further agreed that the undersigned institution will not be liable for any of the general obligations of KCDA and shall be limited with respect to its liability to the extent provided for herein. 8. In the event KCDA is determined to be subject to any additional tax,charges or fees by the State of Washington or other municipal governmental entities as a result of entering into this agreement,the undersigned institution agrees to pay in addition to all other amounts specified herein the additional tax,wheth B&0 tax,sales tax,or other excise tax,or any other tax,and in addition,agrees to indemnify and hold KCDA harmless with respect to defending any action brought by the Department of Revenue or any other state or municipal entity claiming that such tax(s)is/are due,including attorney's fees and costs incurred therein. 9. Time is of the essence to this Agreement. 10. The undersigned institution agrees to abide by all of the general rules and regulations and policies of KCDA as heretofore or hereafter adopted,including as provided for in the interlocal agreement which authorizes the formation of KCDA under RCW 39.34,and including amendments thereto. Dated this day of ,2007 School District/Public Agency Name: By(signature of person authorized): Print above name: Title(of above person): Physical Address: Phone: County in which located: Fax Number: E-Mail Address KCDA Chief Financial Officer Date CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF RENTON AND THE KING COUNTY DIRECTORS' ASSOCATION TO PURCHASE CERTAIN MERCHANDISE. WHEREAS, the King County Directors' Association purchases merchandise for public school districts; and WHEREAS, the King County Directors' Association is authorized to enter into an Interlocal Agreement with other public agencies to allow those public agencies to purchase the merchandise otherwise available to public school districts; and WHEREAS, the City of Renton has need to purchase certain merchandise through the King County Directors' Association; and WHEREAS, it is necessary to document the terms and conditions under which the City may so purchase merchandise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an agreement with the King County Directors' Association entitled "Interstate Associate Membership Agreement Between King County Directors' Association and the City of Renton." 1 RESOLUTION NO. rur� PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1297:09/11/07:ch Nomisi 2 r CITY OF RENTON COUNCIL AGENDA BILL AI#: / d' Submitting Data: For Agenda of: October 8, 2007 Dept/Div/Board.. Fire Department • Staff Contact Brian McGee, Lieutenant Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Appropriation of Funds from the Memorial Aid Car Ordinance X Fund for 2007 and 2008 Renton Heart Month and Resolution Purchase of Automatic External Defibrillators Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $29,200.00 Transfer/Amendment $0.00 44/1„/ Amount Budgeted $1,000.00 Revenue Generated $0.00 Total Project Budget $30,200.00 City Share Total Project SUMMARY OF ACTION: The Renton Fire Department initiated Renton Heart Month in February 2007 to initiate heart healthy activities,train citizens in the use of Automatic External Defibrillators, CPR and to identify unknown high blood pressure and/or high blood sugar levels. Renton Heart Month was very successful and will be repeated in February 2008. A total expenditure of$19,200 from the Memorial Aid Car Fund is requested. Also, the Renton Fire Department received a donation of$10,000 for the purchase of Public Access Defibrillators. These funds need to be appropriated for the purchase of the equipment as requested by the donor. STAFF RECOMMENDATION: Adopt the budget amendment ordinance authorizing expenditure of funds from Fund 010 in the total amount of 29,200,with$19,200 to be used for the Renton Heart Month campaign, and $10,000 to be used for the purchase of six public access defibrillators. Rentonnet/agnbill/ bh �ti `CY 0� FIRE DEPARTMENT MEMORANDUM DATE: October 2, 2007 TO: Toni Nelson, Council President Members of the City Council VIA: .--(1,1," Kathy Keolker, Mayor FROM: Via! I. David Daniels, Fire Chief/Emergency Services Administrato STAFF CONTACT: Lieutenant Brian McGee SUBJECT: Fund Appropriation for Purchase of Public Access Defibrillators and 2007 and 2008 Renton Heart Month Campaigns ISSUES: Should the City Council authorize the expenditure of$10,000 to purchase six (6) Public Access Defibrillators (PADs)? Should the City Council appropriate $19,200 to fund the 2007 and 2008 Renton Heart Month campaigns? BACKGROUND SUMMARIES: Purchase of PADs On September 12, 2006, Nicole Veldwyk suffered sudden cardiac arrest at a Renton establishment. Nicole was administered CPR and six electrical shocks from a defibrillator by Renton Fire Department and Medic One personnel. Nicole experienced a remarkable recovery and has dedicated her efforts to improve the survivability of cardiac arrest. Nicole was involved in the promotion efforts for Renton Heart Month and now wants to continue her community involvement by assisting in the locations selected for the donated PADs. A donation of$10,000 by Cheryl Webber-Veldwyk was made to the City of Renton Memorial Aid Car Fund on September 13, 2007. Ms. Webber-Veldwyk requested that this money be utilized to purchase PADs to increase the survivability of those who experience sudden cardiac arrest. She also asked that when we are deciding upon the location of the PADs that her daughter, Nicole, be part of that process. mow Toni Nelson,Council President Members of the City Council October 2,2007 Page 2 of 2 Renton Heart Month Renton Heart Month was conceived as a way to initiate heart healthy activities, train our citizens to use Automatic External Defibrillators (AEDs), CPR, and identify unknown high blood pressure and/or high blood sugar levels. The Renton Fire Department initiated its first Community Risk Reduction program called Renton Heart Month in February 2007. Initial costs to provide this program were funded through donations to the Renton Fire Department Memorial Aid Car Fund. The proposed budget of this campaign was $20,000. In 2006, $10,700 was appropriated for the 2007 campaign. We are pleased to report follow up information from King County Emergency Medical Services. Out of 1,773 citizens screened, 72 were found to have high blood sugar levels. Of these 72 people, 26 had no history of high blood sugar and over 60% of them followed up with their doctor. This is a huge accomplishment as being aware of a possible medical problem is the first step to finding a solution. The Renton Fire Department has experienced a huge increase in demand for our CPR/AED classes as a result of the positive exposure from the 2007 Renton Heart Month. It is our desire to continue to meet the requests of our community by providing this life saving training. It is now necessary to fully fund the 2007 Renton Heart Month campaign and fund the 2008 campaign from unallocated fund balances within the Memorial Aid Car Fund, as originally anticipated. RECOMMENDATION: Adopt a budget amendment Ordinance allowing appropriation and expenditure of the $10,000 donation made by Cheryl Webber-Veldwyk to the City of Renton Memorial Aid Car Fund for the purchase of six (6) Public Access Defibrillators, $9,200 for the 2007 Renton Heart Month campaign, and $10,000 for the 2008 Renton Heart Month campaigns. CITY OF RENTON, WASHINGTON `wr✓ ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE 2007 BUDGET BY USING $29,200 FROM THE FUND 010 FUND BALANCE FOR THE PURPOSE OF FUNDING THE CITY OF RENTON'S 2007 AND 2008 RENTON HEART MONTH CAMPAIGNS ($19,200)AND FOR PURCHASING SIX PUBLIC ACCESS DEFIBRILLATORS ($10,000). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2007 Original Budget 2007 Adjusted Budget Increase Budget General Fund Fire $1,000.00 $29,200.00 $30,200.00 000.000000.009.5220.003 0.31.000000 Total $29,200.00 Now- Source of funds: Reimbursement from Fund 010 to Fund 000 in 2007 Budget. SECTION II. Funds for this line item are hereby added to the 2007 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor AIMk. ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Page 2 of 2 CITY OF RENTON COUNCIL AGENDA BILL #: Submitting Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems October 8, 2007 Staff Contact Juliana Fries,x7232 Agenda Status Consent X Subject: Public Hearing.. SR 169 Maple Valley HOV/Queue Jump Improvements Correspondence.. Phase II—State Participating Agreement—Work by Ordinance Local Agency Actual Cost Resolution Old Business Exhibits: Issue Pa per New Business Agreement Study Sessions CAG-01-155 Supplement No. 1 Information Resolution 3895 Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Other Fiscal Impact: (Fund 317.012175) Expenditure Required... Total Transfer/Amendment Amount Budgeted $5,900,000 (2007) Revenue Generated $292,100 Total Project Budget-Grant City Share Total Project $ 0 match required SUMMARY OF ACTION: The SR 169 Maple Valley HOV/Queue Jump Improvements Project will provide significant improvements to portions of the congested SR 169 corridor. Phase II of the project, will construct queue jumps and bypass lanes that provide transit priority in the area of the I-405 on-ramps. Phase II will also widen the roadway east of the interchange approach, and widen and improve the northbound on-ramp from SR 169 to I-405 and the eastbound off-ramp from I-405 to SR 169. The Washington State Department of Transportation(WSDOT)is providing funding for additional work to be constructed as part of the SR 169 Maple Valley HOV/Queue Jump Project, developed by the City of Renton. The additional improvements and costs responsibilities have been outlined in Supplement No.l to GCA- 2798 (CAG01-155 Adden#1-07). There is no City match required for this agreement. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the State Participating Agreement—Work by Local Agency Actual Cost in the amount of$292,100 for funding the added WSDOT improvements. H:/Division/Planning/Trans/Juliana/Agenda Bills/SR 169 WSDOT Agreement.doc C.)ti`sY 0� PLANNING/BUILDING/ • • PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 8, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: 4" Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Juliana Fries, Transportation Program Development Coordinator (x7232) SUBJECT: SR 169 Maple Valley HOV/Queue Jump Improvements Phase II - State Participating Agreement - Work by Local Agency Actual Cost ISSUE: Should the City execute the State Participating Agreement—Work by Local Agency Actual Cost with the Washington State Department of Transportation (WSDOT) to provide funding for additional work on the subject project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the State Participating Agreement-Work by Local Agency Actual Cost in the amount of$292,100 for funding the added WSDOT improvements. BACKGROUND: The SR 169 Maple Valley HOV/Queue Jump Improvements, 140th Way SE to I-405 (TIP No. 6) will provide significant improvements to portions of the congested SR 169 corridor. Phase II of the project, to be constructed in 2007-2008, will construct queue jumps and bypass lanes that provide transit priority in the area of the I-405 on-ramps. Phase II will also widen the roadway east of the interchange approach, and widen and improve the northbound on-ramp from SR 169 to 1-405 and the eastbound off-ramp from 1-405 to SR 169. This Agreement with WSDOT is for additional work to be constructed as part of the SR 169 project developed by the City of Renton. This work consists of an extension of a third southbound lane of SR 169 to provide additional congestion relief on the I-405 off-ramp. Toni Nelson, Council President Members of the Renton City Council October 8,2007 Page 2 WSDOT will provide 100 percent funding for the design and construction of the additional improvements. The additional improvements and cost responsibilities have been outlined in Supplement No. 1 to GCA-2798 (CAG 01-155 Adden#1-07). This agreement in the amount of $292,100 will cover the costs for the added WSDOT improvements. Attachments: State Participating Agreement—Work by Local Agency Actual Cost Contract No. GCA-2798 (CAG-01-155) Supplement No. 1 Resolution 3895 cc: Peter Hahn,Deputy PBPW Administrator—Transportation Jim Seitz,Transportation Planning and Programming Supervisor Bob Hanson,Transportation Design Supervisor Juliana Fries,Transportation Program Development Coordinator Rob Lochmiller,Transportation Project Manager Nancy Violante,FIS Grant Accountant Constance Brundage,Transportation Administrative Secretary H.\Division.s\TRANSPOR.TAT\PLANNINGUuliana\Issue Papers\IP SR-169 WSDOT Contract.doc Washington Department of TransportationState IOrganization and Address State Participating City of Renton Agreement 1055, S Grady Way Renton, WA 98057-3232 Work by Local Agency Section/Location Actual Cost Agreement Number Description of Work Construction of additional improvements along SR-169 as outlined State Route Number I Control Section Number in Supplement No. 1 GCA-2798 SR 169 Maple Valley SR 169 HOV/Queue Jump. Region Northwest Region THIS AGREEMENT, made and entered into this day of -, , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE") and the above named organization, (hereinafter the"LOCAL AGENCY"). WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS,the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The STATE agrees, upon satisfactory completion of the GENERAL work involved, to deliver a letter of acceptance which shall The LOCAL AGENCY, as agent acting for and on behalf of include a release and waiver of all future claims or demands of the STATE, agrees to perform the above"Description of Any nature resulting from the performance of the work under this AGREEMENT. Work". Plans, specifications and cost estimates shall be prepared by the II LOCAL AGENCY in accordance with the current State of PAYMENT Washington Standard Specifications for Road, Bridge, and The STATE, in consideration of the faithful performance of the Municipal Construction, and amendments thereto, and adopted work to be done by the LOCAL AGENCY, agrees to reimburse design standards, unless otherwise noted. The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect will incorporate the plans and specifications into the LOCAL cost of the work. AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the awarded, administer the contract. LOCAL AGENCY at the STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit"B", attached hereto Partial payments shall be made by the STATE, upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY, to cover costs incurred.These payments STATE for approval prior to advertising the project. are not to be more frequent than one(1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final The STATE may, if it desires,furnish an inspector on the audit, all required adjustments will be made and reflected in a project.Any costs for such inspection will be borne solely by final payment. the STATE.All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's NIN.-representative. DOT Form 224-067 EF Revised 10/2001 The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description within forty-five(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required, approval must completed the work. be secured from the STATE prior to the beginning of such work. Where the change is substantial,written approval must be III secured. DELETION OF WORK In the event the estimate of cost, Exhibit"A", is in excess of Reimbursement for increased work and/or a substantial change in $10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification, change order or extra work order approved percent,the STATE shall have the option of directing the LOCAL by the STATE. AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract. Except,that V this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY work exceeds 20 percent of the actual total contract bid price. The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway,for the The STATE shall have five(5)working days from the date of purpose of constructing said improvements. written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein, all future operation STATE agrees, upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and without expense to the LOCAL AGENCY. incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. VI LEGAL RELATIONS IV No liability shall attach to the LOCAL AGENCY or the STATE by EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the cost provided herein. of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Kathy Keolker, Mayor Title Date Date Nosid DOT Form 224-067 EF Revised 10/2001 (. I., J/02/2007 Maple Valley Highway(SR 169) Improvements: Phase 2 WSDOT's Construction Cost Participation Based on Rodarte's Low Bid (dRUUP 2 Bid Item WSDOT CONTRACT WSDOT No. ITEM UNITS QUANTITY UNIT PRICE AMOUNT 2 Finish and Cleanup LS 5% $ 8,000 $ 400 3 Roadway Surveying LS 5% $ 50,000 $ 2,500 5 Training HR 30 $ ___ 5 $ __ 150 6 SPCC Plan LS 5% $ 1,000 $ 50 10 Mobilization LS 5% $ 437,000 $ 21,850 11 Traffic Control LS 5% $ 195,000 $ 9,750 18 Roadway Excavation Including Haul CY 109 $ 32 $ 3,488 19 Gravel Borrow Incl.Haul TON 386 $ 25 $ 9,650 20 Unsuitable Foundation Excavation Incl.Haul CY 4 $ 50 $ 200 28 H.M.A.Cl. 1/2"PG 64-22 TON 257 $ 70 $ 17,990 29 H.M.A.Cl. 1"PG 64-22 TON 574 $ 70 $ 40,180 46 Storm Drain Pipe 12 In.Diam. LF 50 $ 44 $ 2,200 50 Catch Basin Type 1 _ EA _ 1 $ 1,000 $_ 1,000 76 SWPPP LS _ 5% $_ 5,000 $ 250 93 Cement Conc.Traffic Curb and Gutter LF 89 $ 12 $ 1,068 101 Cement Conc.Sidewalk SY 56 $ 35 $ 1,960 103 Cement Conc.Sidewalk Ramp Type 2 EA 3 _$ 1,700 $ 5,100 109 Traffic Signal System Modifications SR169/Cedar River Park Entrance LS - 80% $ 150,000 $ 120,000 ------------ -------- - 112 Illumination System#1 LS 20% $ 100,000 $ 20,000 115 Illumination System#4 LS 5% $ 45,000 $ 2,250 119 Paint Line _ LF 257 $ 0.35 $ 90 121 Plastic Crosswalk Line SF 50 $ 7 $ 350 124 Plastic Traffic Arrow EA 3 $ 130 $ 390 127 East Storm Vault LS 25% $ 85,000 $ 21,250 128 East Manhole Stormfilter LS 25% $ 35,000 $ 8,750 132 Storm Vault Shoring SF 220 $ 1 $ 220 134 Field Office Building LS 5% $ 20,000 $ 1,000 WSDOT's Share $ 292,100 CAG-01-155 Adden #1-07 1 SUPPLEMENT NO. 1 2 GCA-2798 3 SR 169 MAPLE VALLEY HOV/QUEUE JUMP 'gad 4 5 For the DESIGN of the MAPLE VALLEY (SR 169) IMPROVEMENTS 6 PHASE 2 7 8 9 This SUPPLEMENT NO. 1 is made and entered into by the CITY OF RENTON, 10 hereinafter referred to as the "CITY," and the STATE OF WASHINGTON, DEPARTMENT OF 11 TRANSPORTATION, hereinafter referred to as the"STATE," collectively referred to as the 12 "PARTIES" and individually referred to as "PARTY." 13 14 WHEREAS, the STATE and the CITY entered into Agreement GCA-2798, dated 15 September 19, 2001, hereinafter referred to as the "AGREEMENT," for developing preliminary 16 engineering and environmental documentation for a project entitled "SR 169 Maple Valley 17 Highway HOV,/Queue Jump, hereinafter referred to as the "PROJECT"; and 18 19 WHEREAS, the CITY has developed the Maple Valley (SR 169) Improvements: Phase 2 20 along SR 169 within the CITY as one of the components of the PROJECT, hereinafter referred 21 to as the "SR 169 PROJECT"; and 22 23 WHEREAS, the CITY has coordinated with the STATE for the design of the SR 169 24 PROJECT; and 25 26 WHEREAS, the SR 169 PROJECT, when built in its entirety, will help provide 27 congestion relief to both SR 169 and I-405 as well as to the 1-405/I-5 to SR 169 Stage 2 - 28 Widening and SR 515 Interchange project by providing more efficient, safe access from 1-405 to 29 SR 169; and 30 31 WHEREAS, the STATE, in the interest of providing additional congestion relief on I-405 32 and efficient operation of the I-405/I-5 to SR 169 Stage 2 -Widening and SR 515 Interchange 33 project by reducing traffic congestion backing up onto I-405 from SR 169, proposes a design to 34 construct an additional element along SR 169, hereinafter referred to as the "IMPROVEMENT"; 35 and 36 37 WHEREAS, the IMPROVEMENT will be incorporated into the SR 169 PROJECT to 38 create a modified project, hereinafter referred to as the "MODIFIED PROJECT"; and 39 40 WHEREAS, under certain conditions identified herein, the STATE is willing to provide 41 funding for the costs directly associated with constructing the IMPROVEMENTS; and 42 43 WHEREAS, the CITY is willing to consent to the design, right-of-way acquisition, and 44 construction funding of said MODIFIED PROJECT upon the tenns and conditions herein stated; 45 and 746 Al; I of 8 GCA-2798 ` ' SUPPLEMENT NO. 1 ��/� ♦ :' i i - 47 WHEREAS, under the teiuis of the AGREEMENT, the PARTIES acknowledge that a 48 supplemental agreement will follow to document the terms and conditions for the construction ,, 49 administration of the MODIFIED PROJECT by the STATE; and 50 51 WHEREAS, the PARTIES acknowledge that cooperation between the PARTIES during 52 design, right-of-way purchase, and construction administration of the MODIFIED PROJECT 53 will benefit both PARTIES; 54 55 NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and in 56 consideration of the terms, conditions, covenants, and performances contained herein, or 57 attached and incorporated and made a part hereof, it is mutually agreed as follows: 58 59 60 Section I of the AGREEMENT is supplemented with the following: 61 62 1.1 Background and Understanding 63 64 1.1.1 The CITY has developed the SR 169 PROJECT along SR 169 within the CITY's 65 corporate limits, as depicted in Exhibit E, attached hereto and incorporated herein and 66 by this reference made a part hereof. 67 68 1.1.2 The STATE will fund 100 percent of the design and construction for the 69 IMPROVEMENT. 70 71 1.1.3 The IMPROVEMENT is to be included in the SR 169 PROJECT to create the 72 MODIFIED PROJECT, as depicted in Exhibit D, attached hereto and incorporated 73 herein and by this reference made a part hereof. 74 75 1.1.4 This SUPPLEMENT NO. 1 defines CITY and STATE responsibilities for design, 76 right-of-way, and construction funding responsibilities for the MODIFIED 77 PROJECT. 78 79 1.1.5 This SUPPLEMENT NO. 1 will be followed by a separate agreement for roles and 80 responsibilities of construction administration of the MODIFIED PROJECT. 81 82 1.1.6 The STATE's costs of the IMPROVEMENT are limited to the additional design, 83 right-of-way, and construction elements, such as pavement, earthwork, and traffic 84 signal, directly associated with the IMPROVEMENT. 85 86 2 of 8 GCA-2798 SUPPLEMENT NO. 1 87 1.1.7 This SUPPLEMENT NO. 1 is effective upon execution by both PARTIES and will 88 remain in effect through completion of the MODIFIED PROJECT, unless terminated, 89 amended, or modified per Section VIII. ' 90 91 92 1.2 Roles 93 94 1.2.1 The PARTIES recognize the importance of timeliness in reviews and the mutual 95 benefit provided in shortening plan and proposal review times. 96 97 1.2.2 The PARTIES agree to fund and be fully responsible for their own costs and time 98 associated with design and right-of-way, as is necessary to fulfill their roles and 99 responsibilities identified in this SUPPLEMENT NO. 1. 100 101 1.2.3 If any future changes are identified that are not incorporated into the MODIFIED 102 PROJECT design plans, the PARTIES agree to meet in a cooperative spirit to review 103 and discuss any proposed change(s) to the MODIFIED PROJECT. 104 105 1.2.4 The STATE agrees to assist in expediting STATE review and approval of all required 106 submittals by the CITY. The CITY will ensure the design consultant, hereinafter 107 referred to as the "CONSULTANT," will be responsible for making all submittals 108 directly to both the STATE and the CITY for review. 109 110 1.3 Design Responsibilities 111 112 1.3.1 The CITY has developed and funded design plans for the SR 169 PROJECT within 113 the corporate CITY limits, from generally, 1-405 to east of the entrance to the CITY's 114 Cedar River Park, hereinafter referred to as the "PARK." 115 116 1.3.2 The STATE has requested that the IMPROVEMENT be incorporated into the SR 169 117 PROJECT design, and the CITY has agreed. 118 119 1.3.3 The IMPROVEMENT is an extension of a southbound lane along SR 169 adjacent to 120 the PARK with related elements, such as additional pavement, earthwork, right-of- 121 way acquisition, and traffic signal modification. 122 123 1.3.4 The STATE, through coordination with the CITY, has entered into a separate 124 agreement with the CONSULTANT to modify the SR 169 PROJECT design plans to 125 include the IMPROVEMENT thereby producing the MODIFIED PROJECT. 126 3 of 8 GCA-2798 SUPPLEMENT NO. 1 127 1.4 Right-of-Way Responsibilities 128 ``x''129 1.4.1 Right-of-way required for the SR 169 PROJECT is funded by the CITY and right-of- 130 way required for the IMPROVEMENT is funded by the STATE. The additional 131 right-of-way costs the STATE is responsible for will be the difference in fee 132 acquisition and easement areas between the SR 169 PROJECT and the MODIFIED 133 PROJECT multiplied by the unit costs of each derived from the accepted offer. 134 135 1.4.2 The STATE, through coordination with the CITY, has entered into a separate 136 agreement with the CITY's appraiser to assess the value of right-of-way purchases of 137 the MODIFIED PROJECT. 138 139 1.5 IMPROVEMENT Construction Funding Responsibilities 140 141 1.5.1 The STATE will fund the actual costs associated with constructing the 142 IMPROVEMENT. The PARTIES will enter into a separate agreement whereby the 143 STATE will fund the IMPROVEMENT. 144 145 1.5.2 The additional costs for IMPROVEMENT construction elements quantified by unit 146 increments (such as ACRE, CY, DAY, EA, HUND, and LF) will be based upon the 147 additional quantities to construct the IMPROVEMENT and actual total costs. 148 149 1.5.2.1 Costs for lump sum items directly related to constructing the IMPROVEMENT 150 will be prorated using the percentages provided in the table below: %owl 51 Item CITY STATE Mobilization LS 95% 5% Clearing and Grubbing LS 100% 0% Removal of Structure and Obstructions LS 100% 0% Roadway Surveying LS 95% 5% Traffic Control LS 95% 5% Spill Prevention Control and Countermeasures Plan LS 95% 5% Finish and Cleanup LS 95% 5% East Storm Vault LS 75% 25% East Manhole Storm Filter LS 75% 25% Illumination System#1 LS 80% 20% Illumination System#4 LS 95% 5% Traffic Signal Modifications—Cedar River Park LS 20% 80% Field Office Building LS 95% 5% Surface Water Pollution Prevention Plan LS 95% 5% 152 153 1.5.3 The SR 169 PROJECT, as shown in Exhibit E, designates three (3) buildings for 154 removal to construct the SR 169 PROJECT, which are located in the PARK and on 155 the site of the former Stoneway Concrete plant, hereinafter referred to as the 156 "PLANT." 157 New 4 of 8 GCA-2798 SUPPLEMENT NO. 1 158 1.5.4.1 Because these PARK and PLANT buildings are identified for removal as part of 159 the SR 169 PROJECT, costs for removal and/or relocation of these buildings 160 will not be funded by the STATE. 'ta 161 1.5.4.2 The CITY commits to removing these PARK and PLANT buildings identified 162 in the SR 169 PROJECT for the construction of the MODIFIED PROJECT. 163 164 1.5.5 Immediately adjacent to the section of SR 169 addressed in the SR 169 PROJECT 165 and MODIFIED PROJECT is the CITY's PARK and the PLANT. 166 167 1.5.5.1 The IMPROVEMENT does not affect or impact the PARK's current site plan or 168 planned changes, but does require right-of-way from the property of the 169 PLANT. 170 171 1.5.5.2 Any pre-existing agreements between the owners or representatives of the 172 PLANT and the CITY remain binding and are not superseded by this 173 SUPPLEMENT NO. 1. 174 175 1.5.5.3 The STATE is not party to any pre-existing agreement between the CITY and 176 the PLANT. 177 178 1.5.6 The cost of the IMPROVEMENT does not include the costs for any element 179 proposed in the SR 169 PROJECT regardless if the location has been modified. 180 181 1.5.7 All permits are the responsibility of the CITY. The CITY has obtained all known 182 permits and permit modifications and no new permits or permit modifications are 183 anticipated. 184 185 1.6. Utilities 186 187 1.6.1 All utility work will be in accordance with the terms of the applicable Utility Permit 188 or Utility Franchise. 189 190 Section II of the AGREEMENT is supplemented by the following: 191 192 2.1 The STATE agrees to reimburse the CITY for the right of way costs identified in Section 193 1.4.1 of SUPPLEMENT NO. 1. The amount of this reimbursement is estimated to be 194 $153,298.00, as shown in Exhibit F, Estimate of Additional Right of Way Costs, attached 195 hereto and by this reference made a part of this AGREEMENT. 196 197 2.1.2 The CITY agrees to invoice the STATE for said additional right of way costs after 198 July 1, 2007. 199 200 2.2.2 The STATE shall pay the CITY within 30 days of receipt of said invoice. 201 202 Section VI of the AGREEMENT is supplemented to include the following: 203 5 of 8 GCA-2798 SUPPLEMENT NO. 1 204 "Any such legal action or proceedings shall be pursued only upon exhaustion of the dispute 205 resolution process outlined in Section VII of this AGREEMENT." x,,,206 207 The AGREEMENT is supplemented to include the following new sections: 208 209 VII 210 DISPUTES 211 212 7.1 In the event of a dispute arising out of the conduct of this AGREEMENT, the PARTIES 213 will work collaboratively towards resolution, beginning with the lowest organizational 214 level. 215 216 7.2 If the dispute cannot be resolved at the lowest organizational level, the dispute will be 217 raised to the I-405/Renton Administrator Executive Committee, which consists of the 218 CITY Chief Administrative Officer and CITY Administrators as well as the I-405 Project 219 Director and his direct reports. 220 221 VIII 222 AMENDMENT AND TERMINATION 223 224 8.1 This AGREEMENT may be amended or terminated by either PARTY upon thirty (30) 225 days advanced written notice. In the event of termination, payment will be made for 226 work completed and billed as of the effective date of termination. 227 228 8.2 Either PARTY may request changes in these provisions. All changes shall be mutually X229 agreed upon and shall be incorporated as written amendments to this AGREEMENT. No 230 variation or alteration of the teens of this AGREEMENT shall be valid unless made in 231 writing and signed by authorized representatives of the PARTIES hereto. 232 233 8.3 No obligations of either PARTY to this AGREEMENT may be transferred or assigned to 234 a third PARTY without the written consent of both PARTIES, which shall not be 235 unreasonably withheld. Except as otherwise provided herein, a PARTY's rights and 236 obligations under this SUPPLEMENT NO. 1 terminates upon transfer of the PARTY's 237 interest, except that liability for acts or omissions occurring before transfer shall survive 238 transfer in accordance with Section V. 239 240 IX 241 GOVERNANCE 242 243 9.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the 244 laws of the State of Washington and any applicable federal laws. The provisions of this 245 AGREEMENT shall be construed to conform to those laws. 246 6 of 8 GCA-2798 SUPPLEMENT NO. 1 247 X 248 SEVERABILITY 249 250 10.1 If any provision of this AGREEMENT, or any provision of any document incorporated 251 by reference, shall be held invalid, such invalidity shall not affect the other provisions of 252 this AGREEMENT that can be given effect without the invalid provision, if such 253 remainder conforms to the requirements of applicable law and the fundamental purpose 254 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared 255 to be severable. 256 257 XI 258 ALL WRITINGS CONTAINED HEREIN 259 260 11.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES 261 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject 262 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES 263 hereto. 264 265 XII 266 NOTICE 267 268 12.1 Any notice, demand, request, consent, approval, or communication that any PARTY 269 desires, or is required to give to the others, shall be in writing and either delivered 270 personally or sent by first class mail, postage prepaid, addressed as follows: ?71 .. 272 STATE: DEPARTMENT OF TRANSPORTATION 273 Attn: Project Director 274 1-405 Congestion Relief and Bus Rapid Transit Projects 275 600 - 108th Avenue NE, Suite 405 276 Bellevue, WA 98004-5126 277 278 CITY: CITY OF RENTON 279 Director of the Transportation Services 280 1055 South Grady Way 281 Renton, WA 98055 282 283 or to such other address as any PARTY from time to time shall designate by written 284 notice to each other. 285 286 287 288 All other tenns and conditions of the original AGREEMENT shall remain in full force and effect 289 except as modified by this SUPPLEMENT 1. 290 291 7 of 8 GCA-2798 SUPPLEMENT NO. 1 292 293 IN WITNESS WHEREOF, the PARTIES hereto have executed this SUPPLEMENT 0.94 NO. 1 as of the latest date written below: 295 296 CITY OF RENTON STATE OF WASHINGTON 297 DEPARTMENT OF TRANSPORTATION 298 I �---, 299 '�� / .4\,_ a244.1 300 / 1-15440-1 1/30/0 7 wier 301 By Date L. y 302 Kathy Keolker Kim Henry 303 Mayor I-405 Project Director 304 305 306 APPROVED AS TO FORM: APPROVED AS TO FORM: 307 308 309 Lawrence J. Warren n7i Z.Gz 6 -744 L-,Ay 310 By(print) By (print) 311 312 313CI ZA-2i--1-+1/4t-% 314 Signature Signa e 315 Cippkttomey Assistant Attorney General 16 Office of the Attorney General 31- 7/3 0P-007 --2 2 --- 318 Date Date Attest: ��l ��-� / / chel //`e Neumann, Deputy Clerk 8 of 8 GCA-2798 SUPPLEMENT NO. 1 N Q to U O .L c (0 aB V , L IL I W , a v v __ a a a a Northbound SR 169 ) ,9 4'3 4-g . _milk Southbound 4 b • ca. 10 ,, EI I 1 I > c IMPROVEMENT 0 I Remove I I w City Building a LU Remove U ccs a Stoneway Buildings (Not part of IMPROVEMENT) Exhibit D - MODIFIED PROJECT CINTERSTATE a ) Corridor Program ,n 7i t1.=.7,,,11::,..„,....., ( ( 4,. I, o Ec - I W a a a <= Northbound o- 3 a a 4 4 I SR 169 .rte .i'3 44' d b Southbound 9 b Q ip I 0 U O (II , > C6 -1rCf I T E - � w Remove I I - City Building v a - Remove Stoneway Buildings Exhibit E - SR 169 PROJECT . (405)Corridor Program :A W��Nnp[on Zr.,-...0.p�rbn�m d T a► Exhibit F - Estimate of Additional Right-of-Way Costs Acquisition Areas SR 169 MODIFIED Area Acquisition Type PROJECT PROJECT Difference SF Unit Cost''2 STATE Cost SF SF SF $/SF $ Fee 11,054 20,702 9,648 $ 20 $ 192,960 Slope Easement 10,019 7,186 1 (2,833)1 $ 14 f $ \ (39,662) Total: $ �,,, .. '1�. ;29> Notes: 1. Square Foot(SF)Unit Cost from Review Appraiser's Certificate No.2 2.Slope Easement Valued at 70%of Fee Acquisition GCA 2798 *441100 Supplement No. 1 Exhibit F Page 1 of 1 CITY OF RENTON,WASHINGTON RESOLUTION NO. 3 8 9 5 A RESOLUTION OF TIM CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENTS TO CONTRACT CAG-01-155 WITH HIE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR 'I'Hl: CONSTRUCTION OF THE SR 169 MAPLE VALLEY HOV/QUEUE JUMP IMPROVEMENTS—PHASE 2. WHEREAS, the City of Renton is planning construction or improvements under a project entitled SR 169 Maple Valley HOV/Queue Jump;and WHEREAS, in connection therewith, the City has requested the State of Washington Department of Transportation to participate in the project; and WHEREAS, the Washington State Department of Transportation is willing to provide certain financial assistance for the design,right-of-way, and construction finding; and Now WHEREAS,the parties contemplated supplementing Agreement GCA278; and WHEREAS, the City has received two proposed supplements to agreement GCA2798 (CAG-01-155) entitled "Supplement No. 1 GCA-2798 SR 169 Maple Valley HOV/Queue Jump —For the Design of the Maple Valley (SR 169) Improvements Phase 2" and "Agreement GCA- 2798 Supplement No. 2 SR 169 Maple Valley HOV/Queue Jump — Maple Valley (SR 169) Improvements and Construction Funding and Administration" for design engineering, value engineering,right-of-way acquisition and environmental assessment; and WHEREAS, it is necessary to document the terms and conditions under which the Washington Department of Transportation will be committed to this project; NOW '!'HEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. Noisy 1 RESOLUTION NO. 3895 SECTION II. The Mayor and the City Clerk are hereby authorized to execute Noel Supplement No. 1 and Supplement No. 2 with the Washington State Department of Transportation for the project known as SR 169 Maple Valley HOV/Queue Jump Improvements -Phase 2"and any and all other or further agreements necessary to accomplish this project. PASSED BY THE CITY COUNCIL this 23rd day of July ,2007. ligern/na.4 UJQ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 23rd day of July ,2007. Kathy Keo r,Mayor Approved as to form: ora4.4.1-e-eu-cov<171a-f-r1/4.4c-k. Lawrence J. Warren, City Attorney RES. 1286:07/16/07:ch lidded„Tit m CITY OF RENTON COUNCIL AGENDA BILL fun: 7fe�, Submitting Data: For Agenda of: October 8, 2007 Dept/Div/Board.. AJLS/City Attorney Staff Contact Zanetta L. Fontes 255-8678 Agenda Status Consent X Subject: Public Hearing.. MT DEVELOPMENT, Inc. v. City of Renton Correspondence.. Settlement Agreement Ordinance Resolution Old Business Exhibits: New Business Settlement Agreement Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: MT Development owns a parcel of land just outside the city's border. MT submitted to King County an application for a subdivision development for 18 units on this approximately 3 acres site. King County would not process the application until MT obtained a sewer certificate from Renton and filed an updated title report. Renton denied the certificate because our city code imposed, among other things, a requirement that the development be limited to the city's land use designation in the comp plan. MT refused to limit the number of units and filed the lawsuit. A settlement would result in the termination of any outstanding proceedings in the Court of Appeals and no further proceedings in the superior court. We would agree to process the application promptly and pursuant to the King County standards that predated the recent annexation of the subject parcel. Additionally, in consideration for the city's waiver of all application, processing, impact fees, or other fees that would typically be imposed on a developer, MT Development will not seek any damages or attorneys fees. STAFF RECOMMENDATION: Approve the settlement with MT Development and authorize the Mayor and City Clerk to sign the agreement. Rentonnet/agnbill/ bh C.)ti`SY CITY ATTORNEY' S OFFICE • I R • MEMORANDUM DATE: October 4, 2007 TO: Renton City Council FROM: Zanetta L. Fontes, Senior Assistant City Attorn y SUBJECT: MT DEVELOPMENT SETTLEMENT ISSUE PRESENTED: Whether the City Council should approve the Settlement Agreement between MT Development, Inc. and the city of Renton. BACKGROUND: As you may recall, MT Development owns a parcel of land (it was 4 parcels, they sold one and combined the remaining three)that is located just outside the city's border. MT submitted to King County an application for a subdivision development for 18 units on this approximately 3 acres site. King County would not process the application until MT obtained a sewer certificate from Renton and filed an updated title report. MT filed the updated title report but could not obtain the sewer certificate. We denied the certificate because our city code imposed, among other things, a requirement that the development be limited to the city's land use designation in the comp plan. MT refused to limit the number of units and filed the lawsuit. We got the case dismissed on summary judgment. However, the court of appeals reversed that decision. Absent a settlement, the case would be sent back to the superior court for a trial on damages. SETTLEMENT: It is my pleasure to inform you that the attorney for MT Development and I have negotiated terms for a Settlement Agreement. This would result in the termination of any outstanding proceedings in the Court of Appeals and no further proceedings in the superior court. Further, this settlement would result in the applicant (MT Development) providing us the documentation to process their development application. We would agree to process the • application promptly and pursuant to the King County standards that predated the recent annexation of the subject parcel. Additionally, in consideration for the city's waiver of all application, processing, impact fees, or other fees that would typically be imposed on a developer, MT Development will not seek any damages or attorneys fees. RECOMMENDATION: I have attached a copy of the Settlement Agreement to this memo for your convenience. I am asking that the Council approve this settlement. Attachment: cc: Hon.Kathy Keolker Jay Covington,CAO Lawrence J. Warren,City Attorney SETTLEMENT AGREEMENT THIS AGREEMENT is entered into between MT Development, LLC, ("MT") a limited liability company of the State of Washington; and the CITY OF RENTON, a Washington municipal corporation, ("City"). RECITALS 1. On September 17, 2007, the City of Renton completed the approximate 26 acre Anthone annexation of property located within the City's Potential Annexation Area, including King County Tax Parcel No. 7931000151 owned by MT, hereinafter referred to as the MT Property. 2. In an annexation agreement executed between the City and King County on or about August 2007, all development permit processing, including a subdivision application filed with King County by MT, will be completed by the City, applying King County Code development standards. 3. The parties seek by the provisions below to reach an agreement regarding the plat application filed with King County, and all claims of the parties related to and arising out of litigation culminating in the decision rendered in MT Development, LLC, et al., v. City of Renton, KCSC No. 05-2-31151-7KNT/Div. I 59002-2-1, and to that end enter into the agreement provided below. AGREEMENT The City Council of the City of Renton, in a Regular Session of the City Council, agrees to the following terms and conditions: A. City's Processing of 18 Lot Plat. The City agrees to promptly process a plat application based upon applicable King County development regulations in effect prior to annexation of the MT Property into the City of Renton for eighteen (18) single family building lots SETTLEMENT AGREEMENT - Page 1 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) r► for development upon King County Tax Parcel No. 7931000151, including any required utility tracts for stormwater detention that may be required under applicable King County development regulations as substantially depicted in Exhibit A attached and incorporated by reference herein. The City agrees to honor the lot densities for these 18 lots as separate building sites, provided however, that any successors and assigns as applicants for building permits, comply with usual and customary uniform codes for the construction of single-family building structures. Renton acknowledges that when processing MT Development's application, Renton will be bound by and will apply the King County Development regulations, which include applicable King County SEPA regulations at KCC 20.44.020 and KCC 20.44.040 A.1., attached hereto as Exhibit B. B. Non-Payment of Processing and Impact Fees. The City agrees that as consideration for the dismissal of the lawsuit between the parties, that it shall waive fees for any and all preliminary plat, SEPA review, and any other City application and processing fees, including impact fees, otherwise payable by MT Development to the City for the development of the subject parcel. This provision inures to the benefit of MT Development and any successors and assigns, for completion of preliminary and final plat processing. MT Development shall be responsible for providing Renton with a copy of documents previously submitted by MT to King County. MT Development shall thereafter resubmit a preliminary plat plan sheet for the design of the eighteen (18) lots and utility tract(s) to the City at MT Development's sole cost. MT Development is also responsible for payment of King County Recording fees for the final plat Mylar. Such fees shall not be reimposed by Renton at the time of later building permit application for finally platted and recorded lots approved by the City. C. Annexation. The City warrants that it has completed annexation of the MT Development property, King County Tax Parcel No. 7931000151, into the City of Renton, and that no new application fees, impact fees, or other form of monetary assessment, will be imposed upon MT Development or the MT property upon such annexation. SETTLEMENT AGREEMENT - Page 2 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) D. Dismissal of Lawsuit with Prejudice. MT Development and the City agree to execute an Agreed Order of Dismissal in a form and manner approved by the City Attorney with prejudice and without damages, fees or costs awarded to either party in litigation pending in MT Development, LLC v. City of Renton, et al, KCSC No. 05-2-31151-7 KNT/Div. I 59002-2-1. E. Release. In consideration of this Agreement, and settlement of all disputes between the parties, MT Development hereby releases and forever discharges the City and its elected and appointed officials, agents, officers, directors, employees, attorneys, and any and all other persons or entities who have acted on its behalf from any and all claims, demands, warranties, causes of action, obligations, damages, and any liabilities of any nature whatsoever, whether or not now known, anticipated, suspected or claimed, which arise out of, are based upon, or are in any way connected to the annexation of the MT Property and plat application of MT Development for the MT Property, including proceedings in MT Development, LLC v. City of Renton, et al, KCSC No. 05-2-31151-7 KNT/Division I, Court of Appeals No. 59002-2-I. MT Development understands and agrees that it will not commence, maintain, or prosecute against the City or its agents, officers, directors, employees, attorneys or any and all other persons or entities who have acted on its behalf, any court action or other legal proceeding that is based upon any of its alleged claims, demands, causes of action, damages, liabilities, obligations, losses and expenses released in this section of this Agreement. MT Development further understands and agrees that they will not execute or seek to impose, collect or recover upon or otherwise enforce any judgment, warrant or attachment against the City or its agents, officers, directors, employees, attorneys or any and all other persons or entities who have acted on its behalf, on account of or arising from any such claims, demands causes of action, damages, liabilities, obligations, losses and expenses, except those arising from this Agreement, or those unrelated to its plat application with SETTLEMENT AGREEMENT - Page 3 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) King County and proceedings in MT Development, LLC v. City of Renton, et al, KCSC No. 05-2-31151-7 KNT/Division I, Court of Appeals No. 59002-2-I. F. No Admission of Fault. Neither the terms of this Agreement, nor any action taken under it will constitute or be construed as an admission by either party of the validity of any of the claims or controversies or of any fault or wrongdoing on its part. Neither the execution of this Agreement, the negotiations leading to its execution, nor any action taken pursuant to its terms will be admissible for any purpose in any proceeding, except a proceeding to enforce the terms of this Agreement. G. Costs and Attorneys' Fees. It is understood and agreed that each party will be responsible for the payment of its own costs, attorneys' fees, and all other expenses incurred in connection with this Agreement and said litigation. H. Indemnity and Attorneys' Fees. In any litigation for the breach of or to enforce a provision of this Agreement, the prevailing party will be entitled to recover its costs, non-statutory expenses, and attorneys' fees. I. Governing Law. This Agreement shall be construed by and enforced in accordance with the laws of the State of Washington. J. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon the successors and assigns of the parties, together with their agents, officers, directors, employees, attorneys and any and all other persons or entities who have acted on their behalves. K. Authority to Execute the Agreement. SETTLEMENT AGREEMENT - Page 4 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) The parties represent and warrant that they have the sole right and exclusive authority to execute this Agreement and that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any claim or demand against the other party relating to any matter covered by this Agreement. L. Entire Agreement. The parties agree that the terms of this Agreement are contractual and are not mere recitals. Each party further declares and represents that no promise, inducement, or agreement not expressed herein has been made by the other party to induce it to enter into this Agreement. This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes any and all representations, promises and understandings of any kind, whether oral or written. The parties agree that this Agreement may not be altered, amended, modified or otherwise changed except by a writing executed by each of the parties. M. Headings. The headings contained in this Agreement are for purposes of convenience only and shall not be deemed to affect the meaning or interpretation of any of the provisions of this Agreement. N. Method of Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. O. Each Party Drafted Agreement Provisions. Each party declares that prior to the execution of this Agreement, it has apprised itself of sufficient information to intelligently exercise its judgment in participating in the drafting of, deciding on the contents of, and determining whether to execute this Agreement. Both parties represent that the contents of this Agreement have been explained to them by their counsel and that this Agreement is entered into freely and voluntarily, upon the advice and with the approval of their counsel. SETTLEMENT AGREEMENT - Page 5 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) P. Counterparts and Facsimile. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute one agreement. Either party may execute and deliver this agreement by telephone facsimile or electronically by a PDF file, and that signature shall have the same force and effect as if executed in original. CITY OF RENTON: MT DEVELOPMENT, LLC By: Kathy Keolker By: Its: Mayor Its: Dated: Dated: WITNESSETH: City Clerk APPROVED AS TO FORM: By: Lawrence J. Warren, City Attorney SETTLEMENT AGREEMENT - Page 6 of 6 (Re: MT Development, LLC v. Renton) (October 9, 2007) EXHIBIT A TO SETTLEMENT AGREEMENT ( ( o e ._ "b7 i I a \r I \ !, li I L \ S 3 � S� RFE . __k._ R t \ Alb \ , , \ \ \ MIFF \ 1 $ \ 1 \ 11 \ ' ' , \\ SCALE __ � 1 PP \ \ 7.... .r.....o.••••enniummo '' l T o \ 13 w 14. = 1S !6 `- A 1 RA 1. ` •• NOTES ' m' jt \ I. TOTAL SIU ARM : 2.i18AC ' .21' " 4..../ z: NO. OF LOTS • /8 el _ r \ ' ti i. M/N. LOT AREA • 4,5X Sr " Q � l � ''�`� t � 51 � 1 � �. �tMIN. LOT MOM. S�'«O�CDRN} \` \ k.t_ li\ A . \.4 , 1 1., ! 5. Ex/Jr. ZONE ' R8 \ \ 1 ' 1 1 1 \ ,\ \e' \ oi \ \\5,7( \ ,I TENT ç\\ O 130' T�Al' i, (4210 sen-easo MID erne Design, LLC , \\ \T1\ * IPiectraoPACaeacO� a s "" 1 + 1.7s •1 f !f'/7 'S4 #4405 EXHIBIT B TO SETTLEMENT AGREEMENT 411111. . (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44 Chapter 20.44 COUNTY ENVIRONMENTAL PROCEDURES Sections: 20.44.010 Definitions and abbreviations. 20.44.020 Lead agency. 20.44.030 Purpose and general requirements. 20.44.040 Categorical exemptions and threshold determinations. 20.44.042 Planned actions. 20.44.050 Environmental impact statements and other environmental documents. 20.44.060 Comments and public notice. 20.44.070 Use of existing environmental documents. 20.44.075 Department of natural resources and parks procedural SEPA decisions. 20.44.080 Substantive authority. 20.44.085 SEPA/GMA Integration. 20.44.090 On going actions. 20-93 20.44.100 Responsibility as consulted agency. 20.44.120 Appeals. 20.44.130 Department procedural rules. 20.44.140 Severability. 20.44.145 Effective date. (King County 6-2006) BLANK 20-94 COUNTY ENVIRONMENTAL PROCEDURES 20.44.010-20.44.030 20.44.010 Definitions and abbreviations. A. King County adopts by reference the definitions contained in WAC 197-11-700 through 197-11-799. In addition,the following definitions are adopted for this chapter: 1. "County council" means the county council described in Article 2 of the Home Rule Charter for King County or its duly authorized designee. 2. "County department" means any administrative office or executive department of King County, as described in K.C.C. 2.16. 3. "County executive" means any county executive described in Article 3 of the Home Rule Charter for King County or his or her duly authorized designee. B. The following abbreviations are used in this chapter: 1. SEPA–State Environmental Policy Act 2. DNS–Determination of Non-Significance 3. DS--Determination of Significance 20-95 4. EIS–Environmental Impact Statement (Ord. 6949§3, 1984). 20.44.020 Lead agency. The procedures and standards regarding lead agency responsibility contained in WAC 197-11-050 and WAC 197-11-922 through 197-11-948 are adopted, subject to the following: A. The county department exercising initial jurisdiction over a private proposal or sponsoring a county project shall be responsible for performing the duties of the lead agency. The director of such department shall serve as the responsible official. Department directors may transfer lead agency and responsible official responsibility to any county department which agrees to perform as lead agency or may delegate such responsibility to divisions within their own departments. B. With respect to actions initiated by the county council, the council shall refer such proposals to the county executive for designation of a county department as lead agency. C. In the event of uncertainty or disagreement regarding lead agency status, the county executive shall designate the county department responsible for performing the function of lead agency. (Ord. 6949§ 4, 1984). 20.44.030 Purpose and general requirements. The procedures and standards regarding the timing and content of environmental review specified in WAC 197-11-055 through 197-11-100 are adopted subject to the following: A. The optional provision of WAC 197-11-060(3)(c)is adopted. B. Under WAC 197-11-100, the applicant shall prepare the initial environmental checklist, unless the lead agency specifically elects to prepare the checklist. The lead agency shall make a reasonable effort to verify the information in the environmental checklist and shall have the authority to determine the final content of the environmental checklist. C. The department of development and environmental services may set reasonable deadlines for the submittal of information, studies, or documents necessary for, or subsequent to, threshold determinations. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may be returned to the applicant together with any unexpended portion of the application review fees. (Ord. 14449§4, 2002: Ord. 8998§ 1, 1989: Ord. 8236 § 1, 1987: Ord.7990§35, 1987: Ord.6949§5, 1984). (King County 6-2006) 20.44.040-20.44.050 PLANNING 20.44.040 Categorical exemptions and threshold determinations. A. King County adopts the standards and procedures specified in WAC 197-11-300 through 197-11-390 and 197-11-800 through 197-11-890 for determining categorical exemptions and making threshold determinations subject to the following: 1. The following exempt threshold levels are hereby established in accordance with WAC 197-11- 800(1)(c)for the exemptions in WAC 197-11-800(1)(b): a. The construction or location of any residential structures of twenty dwelling units within the boundaries of an urban growth area, or of any residential structures of eight dwelling units outside of the boundaries of an urban growth area; b. The construction of a barn, loafing shed,farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering thirty thousand square feet on land zoned agricultural, or fifteen thousand square feet in all other zones,and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots; 20-96 c. The construction of an office, school, commercial, recreational,service or storage building with twelve thousand square feet of gross floor area, and with associated parking facilities designed for forty automobiles; d. The construction of a parking lot designed for forty automobiles; e. Any fill or excavation of five hundred cubic yards throughout the total lifetime of the fill or excavation and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulation thereunder: The categorical exemption threshold shall be one hundred cubic yards for any fill or excavation that is in a sensitive area. If the proposed action is to remove from or replace fill in a sensitive area to correct a violation,the threshold shall be five hundred cubic yards. 2. The determination of whether a proposal is categorically exempt shall be made by the county department that serves as lead agency for that proposal. B. The mitigated DNS provision of WAC 197-11-350 shall be enforced as follows: 1. If the department issues a mitigated DNS, conditions requiring compliance with the mitigation measures which were specified in the application and environmental checklist shall be deemed conditions of any decision or recommendation of approval of the action. 2. If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall review the threshold determination and, if necessary, may withdraw the mitigated DNS and issue a DS. (Ord. 14449§5, 2002: Ord. 12196§46, 1996: Ord. 11792§ 16, 1995: Ord. 9103, 1989: Ord.8236§2, 1987: Ord.6949§6, 1984). 20.44.042 Planned actions. The procedures and standards of WAC 197-11-164 through WAC 197-11-172 are adopted regarding the designation of planned actions. (Ord. 13131 §4, 1998: Ord. 12196 §47, 1996). 20.44.050 Environmental impact statements and other environmental documents. The procedures and standards for preparation of environmental impact statements and other environmental documents pursuant to WAC 197-11-400 through 197-11-460 and 197-11-600 through 197-11-640 are adopted,subject to the following: A. Pursuant to WAC 197-11-408(2)(a), all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b). B. Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the county department acting as lead agency shall be responsible for preparation and content of EIS's and other environmental documents. The department shall contract with consultants as necessary for the preparation of environmental documents. The department may consider the opinion of the applicant regarding the qualifications of the consultant but the department shall retain sole authority for selecting persons or firms to author, co-author, provide special services or otherwise participate in the preparation of required environmental documents. C. Consultants or subconsultants selected by King County to prepare environmental documents for a private development proposal shall not: act as agents for the applicant in preparation or acquisition of associated underlying permits; have a financial interest in the proposal for which the environmental document is being prepared; perform any work or provide any services for the applicant in connection with or related to the proposal. (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44.050-20.44.060 D. The department shall establish and maintain one or more lists of qualified consultants who are eligible to receive contracts for preparation of environmental documents. Separate lists may be maintained to reflect specialized qualifications or expertise. When the department requires consultant services to prepare environmental documents, the department shall select a consultant from the lists and negotiate a contract for such services. The department director may waive these requirements as provided for in rules adopted to implement this section. Subject to K.C.C. 20.44.145 and pursuant to K.C.C. 2.98, the department of development and environmental services shall promulgate administrative rules prior to the effective date of this section that establish processes to: create and maintain a qualified consultant list; select consultants from the list; remove consultants from the list; provide a method by which applicants may request a reconsideration of selected consultants based upon costs, qualifications, or timely production of the environmental document; and waive the consultant selection requirements of this chapter on any basis provided by K.C.C.4.16. 20-97 E. All costs of preparing the environment document shall be borne by the applicant. Subject to K.C.C. 20.44.145 and pursuant to K.C.C. 2.98, the department of development and environmental services shall promulgate administrative rules which establish a trust fund for consultant payment purposes, define consultant payment schedules, prescribe procedures for treating interest from deposited funds, and develop other procedures necessary to implement this chapter. F. In the event an applicant decides to suspend or abandon the project, the applicant must provide formal written notice to the department and consultant. The applicant shall continue to be responsible for all monies expended by the division or consultants to the point of receipt of notification to suspend or abandon, or other obligations or penalties under the terms of any contract let for preparation of the environmental documents. G. The department shall only publish an environmental impact statement(EIS)when it believes that the EIS adequately disclose: the significant direct, indirect,and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the department within 270 days following the issuance of a DS for the proposal, except for public projects and nonproject actions, unless the department determines at the time of issuance of the DS that a longer time period will be required because of the extraordinary size of the proposal or the scope of the environmental impacts resulting therefrom; provided that the additional time shall not exceed ninety days unless agreed to by the applicant. H. The following periods shall be excluded from the two hundred seventy day time period for issuing a final environmental impact statement: 1. Any time period during which the applicant has failed to pay required environmental review fees to the department; 2. Any period of time during which the applicant has been requested to provide additional information required for preparation of the environmental impact statement,and 3.Any period of time during which the applicant has not authorized the department to proceed with preparation of the environmental impact statement. (Ord. 12196 § 48, 1996: Ord. 8998 § 2, 1989: Ord. 6949§7, 1984). 20.44.060 Comments and public notice. A. The procedures and standards of WAC 197-11-500 through 197-11-570 are adopted regarding public notice and comments. B. For purposes of WAC 197-11-510, public notice shall be required as provided in K.C.C. Title 20. Publication of notice in a newspaper of general circulation in the area where the proposal is located also shall be required for all nonproject actions and for all other proposals that are subject to the provisions of this chapter but are not classified as land use permit decisions in K.C.C.Title 20. C. The responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure. (Ord. 12196 § 49, 1996: Ord. 9540 § 3, 1990: Ord. 8998 § 3, 1989: Ord. 6949 § 8, 1984). (King County 6-2006) 20.44.070-20.44.080 PLANNING 20.44.070 Use of existing environmental documents. The procedures and standards of WAC 197-11-600 through 197-11-640 are adopted regarding use of existing environmental documents. (Ord. 6949§9, 1984). 20.44.075 Department of natural resources and parks procedural SEPA decisions. The Department of natural resources and parks by public rule may authorize procedural SEPA administrative appeals of threshold determinations or determinations of the adequacy of a final EIS made by one or more of the department's divisions. The public rule shall establish procedures for the administrative appeal,which shall be governed by K.C.C.20.44.120. (Ord. 14449§6,2002). 20.44.080 Substantive authority. 20-98 A. The procedures and standards of WAC 197-11-650 through 197-11-660 regarding substantive authority and mitigation, and WAC 197-11-158, regarding reliance on existing plans, laws and regulations, are adopted. B. For the purposes of RCW 43.21C.060 and WAC 197-11-660,the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of King County's substantive authority under SEPA,subject to RCW 43.21C.240 and subsection C of this section: 1. The policies of the state Environmental Policy Act, RCW 43.216.020. 2. As specified in K.C.C. chapter 20.12, the King County Comprehensive Plan, its addenda and revisions and community and subarea plans and housing report, and as specified in K.C.C. chapter 20.14, surface water management program basin plans. 3. The King County Zoning Code,as adopted in K.C.C.Title 21A. 4. The King County Agricultural Lands Policy, as adopted in K.C.C. chapter 20.54 and K.C.C.Title 26. 5. The King County Landmarks Preservation Code, as adopted in K.C.C.chapter 20.62. 6. The King County Shoreline Management Master Plan,as adopted in K.C.C.Title 25. 7. The King County Surface Water Runoff Policy, as adopted in K.C.C. chapter 9.04, including the Covington Master Drainage Plan,as adopted in K.C.C. chapter 20.14. 8. The King County Road Standards, 1993 Update, as adopted in K.C.C. chapter 14.42. 9. The Comprehensive Plan for Transportation adopted by Resolution No. 6617 of the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council in K.C.C.28.01.030. 10. The Comprehensive Sewerage Disposal Plan adopted by Resolution No. 23 of the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council in K.C.C. 28.01.030. 11. The rules and regulations for construction and use of local sewage facilities set forth in K.C.C. chapters 28.81 through 28.84. 12. The rules and regulations on the consistency of sewer projects with local land use plans and policies set forth in Ordinance 11034,as amended. 13. The rules and regulations for the disposal of industrial waste into the sewerage system set forth in Ordinance 11034,as amended. 14. The Duwamish Clean Water Plan adopted by the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council by Ordinance 11032,Section 28, as amended. 15. The Washington Department of Ecology's Best Management Practices for the Use of Municipal Sludge. (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44.080-20.44.085 C. Within the urban growth area,substantive SEPA authority to condition or deny new development proposals or other actions shall be used only in cases where specific adverse environmental impacts are not addressed by regulations as set forth below or unusual circumstances exist. In cases where the county has adopted the following regulations to systematically avoid or mitigate adverse impacts K.C.C. chapter 21A.12, Development Standards - Density and Dimensions, K.C.C. chapter 21A.14, Development Standards - Design Requirements, K.C.C. chapter 21A.16, Development Standards - Landscaping and Water Use, K.C.C. chapter 21A.18, Development Standards - Parking and Circulation, K.C.G. chapter 21A.20, Development Standards - Signs, K.C.C. chapter 21A.22, Development Standards - Mineral Extraction, K.C.C. chapter 21A.24, Environmentally Sensitive Areas, K.C.C. chapter 21A.26, Development Standards- Communication Facilities, K.C.C. chapter 21A.28, Development Standards - Adequacy of Public Facilities and Services, those standards and regulations will normally constitute adequate mitigation of the impacts of 20-99 new development. Unusual circumstances related to a site or to a proposal, as well as environmental impacts not mitigated by the regulations listed in this subsection, will be subject to site-specific or project- specific SEPA mitigation. This subsection shall not apply if the county's development regulations cited in this subsection are amended after April 22, 1996, unless the amending ordinance contains a finding, supported by documentation,that the requirements for environmental analysis,protections and mitigation measures in this chapter, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply. D. Outside the urban growth area, in the course of project review, including any required environmental analysis, the responsible official may determine that requirements for environmental analysis, protection and mitigation measures in the county's development regulations or comprehensive plans adopted under chapter 36.70A RCW and in other applicable local, state or federal laws and rules provide adequate analysis and mitigation for specific adverse environmental impacts of the project, if the following criteria are met: 1. In the course of project review, the responsible official shall identify and consider the specific probable adverse environmental impacts of the proposed action and then make a determination whether these specific impacts are adequately addressed by the development regulations. If they are not, the responsible official shall apply mitigation consistent with the applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan or other local,state or federal rules or laws; and 2. The responsible official bases or conditions its approval on compliance with these requirements or mitigation measures. E. Any decision to approve, deny or approve with conditions pursuant to RCW 43.21C.060 shall be contained in the responsible official's decision document. The written decision shall contain facts and conclusions based on the proposal's specific adverse environmental impacts, or lack thereof, as identified in an environmental checklist, EIS, threshold determination, other environmental document including an executive department's staff report and recommendation to a decision maker, or findings made pursuant to a public hearing authorized or required by law or ordinance. The decision document shall state the specific plan, policy or regulation that supports the SEPA decision and, if mitigation beyond existing development regulations is required, the specific adverse environmental impacts and the reasons why additional mitigation is needed to comply with SEPA. F. This chapter shall not be construed as a limitation on the authority of King County to approve, deny or condition a proposal for reasons based upon other statutes, ordinances or regulations. (Ord. 14449 § 7, 2002: Ord. 13131 §5, 1998: Ord. 12196§50, 1996: Ord. 11961 §2, 1995: Ord. 11792 § 17, 1995: Ord. 10293§3, 1992: Ord.9142, 1989: Ord. 8380§2, 1988:Ord.6949§10, 1984). 20.44.085 SEPANGMA Integration. The procedures and standards regarding the timing and content of environmental review specified in WAC 197-11-210 through WAC 197-11-235 are hereby adopted. (Ord. 13131 §7, 1998). (King County 6-2006) 20.44.090-20.44.120 PLANNING 20.44.090 Ongoing actions. Unless otherwise provided herein, the provisions of WAC 197-11 shall be applicable to all elements of SEPA compliance, including the modification or supplementation of an EIS, initiated after the effective date of the Ordinance. (Ord. 6949§ 11, 1984). 20.44.100 Responsibility as consulted agency. All requests from other agencies that King County consult on threshold investigations, the scope process, EIS's or other environmental documents shall be submitted to the department of development and environmental services. The department shall be responsible for coordination with other affected county departments and for compiling and transmitting King County's response to such requests for consultation. (Ord. 12196§51, 1996: Ord. 6949§ 12, 1984). 20.44.120 Appeals. 20-100 Adder CITY OF RENTON COUNCIL AGENDA BILL AI#: y Submitting Data: Planning/Building/Public Works For Agenda of: October 8, 2007 Dept/Div/Board.. Transportation Systems Staff Contact Gregg Zimmerman (x-7311) Agenda Status Consent X Subject: Public Hearing.. Design of Logan Ave. Bike Lane Between N. 6th Street Correspondence.. and Park Ave. N. Ordinance South Lake Washington Infrastructure Project Resolution Supplemental Agreement No. 9 Old Business Exhibits: New Business Issue Paper Study Sessions South Lake Washington Infrastructure Project Information Supplemental Agreement No. 9 Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: (Fund 318) Expenditure Required... $45,000.00 Transfer/Amendment $0 Amount Budgeted $0 Revenue Generated $0 Total Project Budget $25,710,207 City Share Total Project.. $17,677,741 SUMMARY OF ACTION: The City has recently become aware of Boeing's plans to design and build an Employee Park on Boeing property west of Logan Ave. North between N. 8th St. and Park Ave. N. Due to various issues, the City has been forced to suspend work on the Cedar River Trail, and has put together a conceptual plan to install a bicycle lane along the new Logan Ave. N. between N. 6th St. and Park Ave. N. utilizing a 5- (to 7) foot wide strip of property owned by The Boeing Company on the west side of Logan Ave. North. Boeing has conditionally agreed to support this project by conveying the needed strip of property to Renton and to revise its plans for the Boeing Employee Park; however Boeing needs Renton to produce a design plan for the Logan Ave. Bike Lane by November 15, 2007 in order to maintain their critical schedule for building the Employee Park. Therefore the City is drafting a supplemental agreement with W&H Pacific, design engineer for The Landing Project, to design the Renton Logan Ave. Bike Lane within this time frame. Council authorization is needed to use $45,000 from Fund 318, South Lake Washington Infrastructure Project, to pay for the design of this project in this time frame, and Council authorization is also needed to execute supplemental agreement No. 9 with W&H Pacific to proceed with this work. Note that further expenditures will be needed to build the Bike Lane, compensate The Boeing Company for changes they will need to make to their Employee Park, and other expenses that will be identified during the development of this project. Because of timing issues, this work may not be eligible for reimbursement from the Rentonnet/agnbill/ bh $1.4 M of grant money that has been secured for the Cedar River Trail, so there will need to be future decisions by the City Council on which City funding sources are most appropriate to pay for this work. STAFF RECOMMENDATION: Allocate the use of$45,000.00 from Fund 318, South Lake Washington Infrastructure Project, to design the Logan Ave. North Bike Lane Project, approve South Lake Washington Infrastructure Project Supplemental Agreement No. 9 with W&H Pacific and authorize the Mayor and City Clerk to sign this agreement. Rentonnet/agnbill/ bh C.)ti`SY et) PLANNING/BUILDING/ ea cg, PUBLIC WORKS DEPARTMENT `e'P, Nry0 MEMORANDUM DATE: October 5,2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerm‘egrPW Administrator STAFF CONTACT: Gregg Zimmerman (x-7311) SUBJECT: Design of Logan Ave. North Bike Lane Between N. 6th St. and Park Ave. N. South Lake Washington Infrastructure Project Supplemental Agreement No. 9 ISSUE: Should the City of Renton design the Logan Ave. N. Bike Lane between N. 6th Street and Park Ave. North in order to provide a critical bicycle path connection in North Renton as a substitute to a portion of the Cedar River Trail upon which work has been suspended? Should the City of Renton sign South Lake Washington Infrastructure Project Supplemental Agreement No. 9 with W&H Pacific, in the amount $45,000.00, to prepare the design for the said Bike Path? RECOMMENDATION: Authorize the design of the Logan Ave. N. Bike Lane between N. 6th Street and Park Ave. North and approve South Lake Washington Infrastructure Project Supplemental Agreement No. 9 with W&H Pacific in the amount $45,000 to prepare the design for the said Bike Path, authorizing the Mayor and City Clerk to sign the agreement. BACKGROUND: The City has recently become aware of Boeing's plans to design and build an Employee Park on Boeing property west of Logan Ave. North between N. 8th St. and Park Ave. N. Due to various issues, the City has been forced to suspend work on the Cedar River Trail, and has put together a conceptual plan to install a bicycle lane along the new Logan Ave. N. between N. 6th St. and Park Ave. N. utilizing a 5- (to 7) foot wide strip of property owned by The Boeing Company on the west side of Logan Ave. Boeing has conditionally agreed to support this project by h:\division.s\admin\gregg\logansupplementalagree2.doc Addressee Name Page 2 of 2 Date of Memo conveying the needed strip of property to Renton and to revise its plans for the Boeing Employee Park; however Boeing needs Renton to produce a design plan for the Logan Ave. Bike Lane by November 15, 2007 in order to maintain their critical schedule for building the Employee Park. Therefore the City has drafted a supplemental agreement with W&H Pacific, design engineer for The Landing Project, to design the Renton Logan Ave. Bike Lane within this time frame. Council authorization is needed to use $45,000 of funding from Fund 318, South Lake Washington Infrastructure Project, to pay for the design of this project in this time frame, and Council authorization is also needed to execute supplemental agreement No. 9 with W&H Pacific to proceed with this work. Note that further expenditures will be needed to build the Bike Lane, compensate The Boeing Company for changes they will need to make to their Employee Park, and other expenses that will be identified during the development of this project. Because of timing issues, this work may not be eligible for reimbursement from the $1.4 M of grant money that has been secured for the Cedar River Trail, so there will need to be future decisions by the City Council on which City funding sources are most appropriate to pay for this work. cc: Jay Covington Alex Pietsch Terry Higashiyama Mike Bailey Peter Hahn Leslie Betlach Bob Hanson h:\division.s\admin\gregg\logansupplementalagree2.doc Washington State Department of Transportation Organization and Address Supplemental Agreement No. 9 W&H Pacific 3350 Monte Villa Parkway Bothell, WA 98021 Agreement Number CAG 04-013 Project Number Phone 425-951-4860 Project Title New Maximum Amount Payable South Lake Washington Roadway Improvements $ 2,985,764.34 Description of Work Additional design work for a southbound bike lane on Logan Avenue from North 6th Street to Park Avenue North. The Local Agency of City of Renton desires to supplement the agreement entered into with W&H Pacific and executed on January 29,2004 and identified as Agreement No. CAG 04-013 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: The original scope of services is amended to include additional services as described in detail in the attached Exhibit"B". I I Section IV,TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read:No Change III Section V, PAYMENT, shall be amended as follows: Additional services described in Exhibit"B"will cause an increase to the contract of$45,000 for a new Maximum Amount Payable of$2,985,764.34. If you concur with this supplement and agree to the changes as stated above,please sign in the appropriate spaces below and return to this office for final action. Dated this day of ,2007. By: By: W&H Pacific, Inc. Consultant Signature Approving Authority Signature DOT Form 140-063 EF Revised 10/97 Exhibit B Supplement#9 City of Renton South Lake Washington Roadway Improvement Project Scope of Work October 5,2007 The City of Renton has requested additional engineering services to prepare a design for the addition of a southbound bike lane on Logan Ave N from N 6th Street to Park Ave N. The proposed work removes existing cement concrete pavement and curb on the left side of Logan Ave N by sawcutting six(6) inches in from the face of curb,placing new crushed surfacing base course,HMA, striping for a bike lane and new extruded curb.The proposed work will also look at revising the existing channelization on Logan Ave N from the driveway at station 63+50 right to the intersection of Park Ave N to the intersection at Garden Ave for adding bike lanes and an additional through lane at Park Ave N. The services provided will include the following tasks. Project Management The CONSULTANT shall provide project management and administration, liaison with the CITY,prepare monthly narrative progress reports, and attend and/or conduct project related meetings to coordinate the project activities. The CONSULTANT shall attend up to three(3) project related meetings with the City. The CONSULTANT shall complete a quality assurance check prior to submitting any work for the City's review. A quality assurance check shall be used to confirm that the design work exceeds the CITY standards and that the work is professional quality meeting industry standards. The quality assurance check shall include review of engineering, drafting and clerical errors or omissions. Lead designers shall review detailed technical work while it is in progress,as well as after the work products are assembled for submittal. The CITY shall provide additional quality review. This shall be coordinated with the CONSULTANT,Project Manager and pertinent staff members. Survey CONSULTANT shall conduct a topographic as built survey of the project site.The topographic survey shall include existing surface utility locations, and all visible planimetric features, including all trees within the project limits. CONSULTANT shall show the identified utilities on the base map. The survey project limits will be Logan Ave N from project station 144+10.75 to 69+00 and from face of curb on right tol0 feet past the face of curb on the left. Right of Way CONSULTANT will prepare a legal description of new Boeing property to be used for bike lane. Plans CONSULTANT shall develop preliminary improvement plans in a scroll format for the improvements for submittal to the City and Boeing for their use in finalizing Boeing's park plans as the first item of work. CONSULTANT shall prepare a more detailed scroll plot of improvements for the City to take to a contractor for determining the level of plan preparation needed to construct the sawcutting, removal of concrete pavement,placement of HMA,new curb, striping, and relocation of signing. CONSULTANT shall prepare preliminary channelization revisions plans in a scroll format for the City to review and approve for finalizing into plan revisions CONSULTANT shall review signal pole relocation needs at N 10th Street for signal head,j-box and rewiring needs. CONSULTANT shall prepare a detailed cost estimate that will include quantity backup for the revisions. CONSULTANT will prepare plans for preparing a change order for work not completed by contractor, i.e. signal and channelization revisions. WHIP will complete the work within 6 weeks of the Notice to Proceed. C`,DOCL:11E-I`RI OCI INA-:,LOCALS-CTunp'.urplroscope do: \ \ / \` �/ U SIGNIN(i NU i t : r-� - �- , c7.1 - � - \/- \/ �/ ' \� ALL SIGNS SHALL BE MOUNTED ON ( ,LLr ' / NEW POSTS UNLESS OTHERWISE SPECIFIED. -rt / 4" 3 SEE SIGN SCHEDULE SHEET SDT1 0 JJJ/ lJJ 0 EDGE OF SIGN SHALL BE PLACED A F-- W MINIMUM OF 24" FROM THE FACE OF OF -.-.-.- .- .- STA. 63+79 © m CURB. WHERETHERE'S NO CURB. �1DESIGNLLFMINIMUM IM ASTA 61+47.1, PC 29'RT 62+00 TCE _ --- -- -—�-- 63+00 STA 64+48, PC 40.5' RT 8 FEET CLEAR TO OUTSIDE EDGE OF '- RW STA 60+928, PT 38'RT 61+0o_ _ _- o LANE. — . _ — . _ .— — — — _- ��___ _ 'o — ` ._s .00 0 a CHANNELEATION NOTES: 00 ICE- `fir LI) RI.VIDE AND INSTALL NEW CHANNEUZATION AS SHOWN IN ACCORDANCE ^�-� -1- WI CITY OF RENTON STANDARD DETAILS AND WSDOT STANDARD PLANS � _- /`t , INSTALL 24" SOLID WHITE THERMO PLASTIC STOP BAR. - �r • 3. INSTALL R.P.M. LANE UNE STRIPE PER RENTON STD. R=150' 1111"�i7 - _ _ - /�Q DETAIL, HR-02. n _ I/ 11' © x 'I 21 - - /21 - ` R-=8.7' •• INSTALL DOUBLE YELLOW R.P.M. CENTER UNE STRIPE SER RENTON � p17 ,' = 7 5 �''� ��STD. DETAIL, HR-01. aU 1U� /21\ _ -. EEE !I! â1 INSTALL R.P.M. APPR,QACH UNE STPE PER RE,�ITON,'ID 00.........____ __Tia------ , I-SC, 1-1-3A. 1.0 TCE _ /) 49t�� ,/.. PAINT 4" SCUD 'NHITE UNE T. lP�l ® STA 61+87❑N 3N I TCE-x_50 - 4:411 \ 46 6 STA. 63+31 . INSTALL R.P.M. TWO-WAY LEFT TURN LANE STRIPE PER RENTON Q R/W---- STA 60+18IC� 3N> 16 4W u STA 60+72.6 PC 39.5'RT al 11 STD. DETAIL HR O1. \ %•) I l iAtra } . PAINT LAST 20FT OF MEDIAN CURB YELLOW. �l liIMFiiii `''3. PAINT WHITE 4" DOTTED EXTENSION UNE PER WSDOT STD. SPEC 8-22 \ II CHANNEUZA11ON 1 li > BY OTHERS ,1. _ ._- t i _ - li .- 1�4. INSTALL WHITE HACHURE STRIPE (SEE WSDOT SIU PLANS M-2.60-00 // -- ( 11 - -R/II H W �a FOR DIAGONAL RPM STRIPE LAYOUT DETAILS.) 0 / FOR LUMINARIES ON IL— I �L. Allik.,64 15. INSTALL WHITE HACHURE STRIPE SEE WSDOT STI) PLANS M-2.60-00 STA 45+47 w - I ÷ 1 SIGNAL POLES, SEE 1❑ FOR CHEVRON RPM STRIPE LAYOUT DETAILS.) e} I TRAFFIC SIGNAL PLAN (TVP) CL / ..ta ', I,-'=„,jo"/�.�i_&�`-44����. cp _ TCE- R/W STA 67+51 3' LT 4i. ali y;449=A io,,�-�`�weiir fillip�•4��'I CO 16. PLAN IS M LANEOSYMBOLS SHALL BE PER WSDOT STANDARD 0 -�_ •• -65+ STA 65+28, 29'RT END TAPER C , 'rte _ coil: �� ° .' s �4 O 18. INSTALL YELLOW HACHURE SIRIPE (SEE WSDOT S . PLANS Qac ® STA 67+30 °PARK AVE_N STA: 4�+ 8.02 mil M-2.60-OOFOR DIAGONAL RPM LAYOUT DETAILS). \\,,��' _ i• T -� 1 A 0 ® LOGAN A E 4{'STA: 68+141192 • ® ��,. ©� 19. INSTALL FAINTED WHITE HACHURE STRIPE (SEE WSDOT STD PLANS /"'�2 R=974 „\________......................_.........._ �4 I ® ' i =50` Si '�4Am W M-2.60-00 FOR DIAGONAL RPM STRIPE LAYOUT DETAILS.) j x0 12' R=1000' -_- "'! .7 -�� ° _ �� or 20. PAINT YELLOW 4" DOTTED EXTENSION UNE PER WSDOT STD. SPEC 8-2. .`\` til ``` _ ,4 0INTERCONNECT NOTES. ® x _`-�`_ R=993' o �1��_ Q 1567+00 m d I U1 _ ®.��I ME v) 1. SEE SIGNAL PLAN SHEET FOR CONTINUATION STA 64+67.1, PT 39.2'RT x ` 4 y1 ° ° 6 -F�� �� OF INTERCONNECT ROUTING AT INTERSECTION. R=150' / _ _�, ;�� -"68+00 A 22' _`�_`___v_���i.� == =t ILLUMINATION NOTES: R=150' Q >.'- - t �I1i_ �� O 76, R=995' r 00 r ---- a:_:'-,h� + SEE SIGNAL PLAN SHEETS TS11-TS61 FOR .. _ O R=1006' 11' x � ,! ® x0 /. ••�-- iA. CW ADDITIONAL WIRING INFORMATION. SEE SHEET b 'L t�`� �.,Ire s,.,,--1”' • IDTt-IDT2 FOR ILLUMINATION SCHEDULE. e • INSTALL 3-#10'S BETWEEN POLE BASE AND �® R=1076' 11' r,;14 • ° ::::,.1 _ Q Q ® QI- JUNCTION BOX IN 2" FVC CONDUIT (lYP). R/W ` © y g0 ,' STA•67+50,13.8RT•,=,�° Z - --s• -" TCE ! x R=1098' ♦ r� I AL —LUMINAIRE NUMBER ria � ��l__ __ 11 m m 0 • • - •U� ` ;4 • �� _CIRCUIT NUMBER Mrir —_—�� �� Q • CIRCUITS 4i, 4W - SERVICE POINT 4 ° ° - CIRCUITS 3N SERVICE POINT 3 / R=574 RAISE EXISTING JUNCTION BOXES TO GRADE ® /� sr . 6_ �, ��,� = ' AS NECESSARY. R=1051 ®® IF - °d'. ° Atoll,- ALL EXISTING SIGNS, LUMINAIRES, AND ---54..6:143. . � '— _. , \�� O ° ° . '• 7 e LUMINAIRE POLES TO BE REMOVED SHALL STA 66+31 22' RT m " i t BE SALVAGED AND DELIVERED TO THE - BEGIN TAPER 6 m STA 67+51 45' RT 1 _ - — O/...4 C ACITY OF RENTON MAINTENANCE CENTER. �o END TAPER �' ��r -..1 'A�l���t� �r♦ IMF l M \ t� G''''Al�'I' �, ���iemm!�� IIS \ R N4 WIRING SCHEDULE N / 1 ,'?y -- A RACEWAY e_�' Imo3 iii »/ STA 43+9SVC 4 ' CONDUIT CONDUCTORS COMMENT NO. SIZE III 01/1c/1:' iiI I I 12' 12' 12' 12' 12 . I • I C� 21 2" 3-#6 ILLUMINATION ````�. like g. A STA 43+69 I • m I 22 2" SPARE is / n ep I f „-TCE 4" 1-12 STRAND SMFO INTERCONNECT A / 2 ,I . © LJ� 21 L �� 4 SPARE II iji I 24 25 4" 2-24 STRAND SMFO INTERCONNECT �.ks a/`/o7-/"b STA: 43+50 SEE SHEET CH13 4_ SPARE I r I 1 REVISE LIGHT POLE LOCA •, S ,IWR 7.07.0. MSV c� •d" CITY OF RENTON 4/17/06 `j ' 3350 .ionLe „a Parkway �_n■�n 1"_20• ,®.-e'er-' © CITY OF $ �/�/` e�cncu. rasn,ngt seozc-8572 �.�i -- _ " -: ' ' " RENTON SOUTH LAKE WASHINGTON _, �MI� " MT _- - ROADWAY IMPROVEMENTS �5 y5,-,� PAC•II IC' NZSJOSI ,ted,.- NO. '1.1.I., I M.��I IA- M. Planning/Building/Publiic Works Dept CHANNELIZATION,ILLUMINATION&SIGNING PLAN CH05 NO. REVISION el DATE m Vis, `- LOGAN AVE.N.STA.60+00 TO STA.69+00 '�136 204 _ STA 7 w� .1 141 ''' LOQ AVE. 3 STA 54+41 ❑ O O SIGNING NOTES:c� O /� --- + o 0 _.----_- —1__.--— —----+ Ia 52�----_- — — — — — — — — — - -+ o - _ _ . — — MOUNTED CO ALL SIGNS ~ = 00 TCE - — . �E NEW POSTS SUUNLESSEOTHERWISE SPECIFIED- 41 SEE SIGN SCHEDULE SHEET SDT1 EDGE OF SIGN SHALL BE PLACED A MINIMUM OF 24" FROM THE FACE OF , N • 9 ! m CURB. WHERE THERE'S NO CURB, O; - .f- EDGE OF SIGN SHALL HAVE MINIMUM O !4 ® 1.-,..- ®� Lo 8 FEET CLEAR TO OUTSIDE EDGE OF iink,_,,. to LANE. Lei) a a — - aIM ' 0 LI CHANNELIZATION NOTES: ____00011 -._ � R/W-1/ - -- - • - --- -- -� - --.— . — — WITH CITY 0 NTN STANDARD A WSDOT STANDARD PLANS Aw� __ PROVIDE AND INSTALL NEW CHANNEUZATION AS SHOWN IN ACCORDANCE ;;�f���►► — —Z OF O ST AR DETAILS AND ' D iIII l J37 / _ 1. INSTALL 24" SOLID WHITE THERMO P ,TC STOP BAR.. Z AIMI. /2 ' ® 2N/ r BICYCLE LANE /-_ +N/= Z _ f TCE-J `� BICYCLE LANE SYMBOL /39 r l 4. INSTALL DOUBLE YELLOW R.P.M. CENTER UNE STRIPE PER RENTON U - 36A STA. 53+71 6 \2N/ .,E --/ 2 i STD. DETAIL HR-01- 1 Q `� ---/N_____ j 5. INSTALL R.P.M. APPROACH UNE STRIPE PER RENTON �� \ / "- -%' ,`� STD. DETAIL HR-02. 6. INSTALL WHITE THERMOPLASTIC PAVEMENT MARKING AS SHOWN STD. DETAILS, HR-03, HR-10, AND WSDOT STD. PLANS, 4. ',i,-30... 1 7. PAINT 4" SOLID WHITE UNE 9. INSTALL R.P.M. TWO-WAY LEFT TURN LANE STRIPE PER RENTON STD. DETAIL HR-01. 10. INSTALL PAINTED YELLOW BLOCK TRAFFIC CURB TYPE C PER CITY OF RENTON STD. PLAN F003. 14. INSTALL WHITE HACHURE STRIPE (SEE WSDOT STD PLANS M-2.50-00 T FOR DIAGONAL RPM STRIPE LAYOUT DETAILS.) 16. BICYCLE LANE SYMBOLS SHALL BE PER WSDOT STANDARD PLAN M-9.50-00 17. INSTALL DOTTED EXTENSION UNE PER WSDOT STD PLAN M-20.10-00. / FOR LUMINAIRES ON 18. INSTALL YELLOW HACHURE STRIPE (SEE WSDOT STD PLANS M-2.6O-00 /I/ N. 10TH ST. STA: 49+96.90 LOGAN AVE. N STA: 58+10.20 SIGNAL POLES, SEE TRAFF IC SIGNAL PLAN (TYP) FOR DIAGONAL RPM STRIPE LAYOUT DETAILS.) 2 �-, �Si►rl,•' 43A 4, STA 58+82 6 . 57+00 T ® 58+00 ❑ > +oo ® - - - _ _ 59+0o STA. 59+41 6 0INTERCONNECT NOTES: • Q -— .— . — —•— —• — — — — . _ ___ .1.--.____ 60 so -�� _ _ _ . _ . — — . 1. SEE SIGNAL PLAN SHEET FOR CONTINUATION — — _ - OF INTERCONNECT ROUTING AT INTERSECTION. R- w� O iii ST. - - _AEI= __ T E U Lii _ _ o " .. �' ILLUMINATION NOTES: N 11 X / _ — _ r ell SEE SIGNAL PLAN SHEETS TS71-TS61 FOR Oin IIIMr — 11' R=6� ► ©' 1= ADDITIONAL WIRING INFORMATION. SEE SHEET r Q `\`��� , L. Milliquir Q (/1 IDT7-IDT2FORILLUMINATIONSCHEDULE.4- `i - -in ® - - . p• •�� 11 17 - Y • ,�vINSTALL 310'S BETWEEN POLE BASE AND 5 �j' ® UN:TIONLUMINAIRE NUMBER (TYP). Q �,©� I " ` L CIRCURNUMBER-- - � ` ' � 2N - SERVICE POINT 2 .1 R W . _. CC — \ \\ \ /m I W. + CIRCUITS 31, 3N - SERVICE POINT 3 J —/ _ _ —.— o •\ \•\ ��,v-- N ��'� /�� — — R/W CO0RAISE EXISTING JUNCTION BOXES TO GRADE _ _ TCEA m if/3 " \ \�.\��IiIa�.E$S$ �' i" •�' / :raft AS NECESSARY. ® \ 3 m I- ALL EXISTING SIGNS, LUMINAIRES, AND U \� i i /tea TCE -- \ �� C O/ ® 3N LUMINAIRE POLES TO BE REMOVED' SHALL • 141 W BE SALVAGED AND DELIVERED TO THE / BICYCLE LANE SYMBOL Z CITY OF RENTON MAINTENANCE CENTER. \ \ L :, „ El l 0+- �� / �� STA. 59+09 -U �® iG ® U WIRING SCHEDULE ® ��il tI( STA 51+06.5, 0.4'LT 6 Q A RACEWAY 1 I Q ,ten I ❑ CONDUIT CONDUCTORS COMMENT STA 51+02 I I♦ 1M' /�/.� ® NO. SIZE F�.°'� A ILLI 10 BEGIN CONC. 1 12' g' 6' �1 •.,� i � . • CURB g,UQL I 21 2" 3-#6 ILLUMINATION °4 S ~ I7ART ►'Q9 22 2" SPARE �"i0 ® I ! �I 1 �I 'moi=� 4" - 2-24 STRAND SMFO INTERCONNECT �`' �b /� -fr..-141...TAT•• 25 4" SPARE 4 ?"v I /%71 1 REVISE UGH!POLE LOCATIONS AND JWR 7.07.0: MSV '•"� CITY OF 3350 Monte v;ua Parkway ADD HACHURE STRIPE 6R 1 =20' •'OII... CITY OF RENTON �4/17/os Bothell. Washington 98021 8972 �u ilk SOUTH LAKE WASHINGTON u 1REN TON ROADWAY IMPROVEMENTS ra3,e:+-enaa CH04 PAC'11 1 t.+zss,+-4enn e.,. II°W I e I PIa ning/Building/Public Works Dept CHANNELIZATION,ILLUMINATION&SIGNING PLAN "n+, a+.,, No. REVISION m ins �"'�a* LOGAN AVE.N.STA.51+00 TO STA 60+00 ''''135 204 CD 7111/1m-- L•j 7_"'- STA 44+59, PC 40.5' RT C'-e; I (FEET ) 6 (,) STA 152+75= 0 STA. 42+75 W 34.5 OFFSET LOGAN AVE. N R/W CN1fI-.,. STA 44+84.2, PT 38.4'RT — CO ( INTERCONNECT NOTES: at - - - — - — . .— .— . — .— . — — — — . — . . — - — - — - — -— . __STA_4.5+23,9,_ .31.6'� . - ----- - - - . _ i. SEE SIGNAL PLAN SHEET FOR CONTINUATION W +00 - 44+00 +65 46+00 _ ...4........-.....—. -F—- —!- � ....---..........-.....1—..- --{—- -__4._-...._____ -4-'i•• OF INTERCONNECT ROUTING AT INTERSECTION. to '. --... .. .- __ _ ,-- ,.. ., _ -- ,-. W 11, STA 43+553 - , t i . " :._ Ld O SIGNING NOTES: CO ALL SIGNS SHALL BE MOUNTED ON �' - - 11 - - - - _ - - _ - - - _ - - - - - - - - - - W NEW POSTS UNLESS OTHERWISE SPECIFIED. 3 R=6' 11' Z SEE SIGN SCHEDULE SHEET SDT1 o �� _ 0+ 1-00-- - 11'I _- 15 i 75 - - - - - 9 - - - - ` �` 9 j" 11' =v EDGE OF SIGN SHALL BE PLACED A N - - - - - - - _ - - -. - - - X\- MINIMUM OF 24" FROM THE FACE OF CURB. WHERE THERE'S NO CURB, 11' !n R=150' El\ ® \-R-150' 1 1' EDGE OF SIGN SHALL HAVE MINIMUM Q, 8 FEET CLEAR TO OUTSIDE EDGE OF LANE. _ � �MMIIIIIIIIR Mk t w ' / _ _ . _ _tiJ /- - - - - - - - --( 46+02 1) i _ ` TCE STA 45+49, PT 29.5'RT - CHANNE.ZZAflO1 NOTES: < PROVIDE AND INSTALL NEW CHANNELIZATION AS SHOWN IN ACCORDANCE WMT-1 CITY OF RENTON STANDARD DETAILS AND WSDOT STANDARD PLANS. 1. INSTALL 24" SOLID WHITE THERMOPLASTIC STOP BAR. 3. INSTALL R.P.M. LANE UNE STRIPE PER RENTON STD. DETAIL, HR-02 4. INSTALL DOUBLE YELLOW R.P.M. CENTER UNE STRIPE PER RENTON STD. DETAIL, HR-01. 5. INSTALL R.P.M. APPROACH UNE STRIPE PER RENTON 6 STA 59+56, 36' RT •- • - • - • - . - . STA. 59+66 0,5' LT STD. DETAIL HR-02. ❑ 11' 11' 112' 1 1'1 12' 6. INSTALL WHITE THERMOPLASTIC PAVEMENT MARKING AS SHOWN PER RENTON • STD. DETAILS. HR-03, HR-10, AND WSDOT STD. PLANS, H-5C, H-3A. ��� 3 © I I. LOGAN AVE. N STA: 48+11.45 7. PAINT 4" SOUD WHITE UNE. -Z-�'-_ ',I - ® gi ' LJ • Q N. 8TH ST. STA: 60+00.00 u 9. INSTALL R.P.M. TWO-WAY LEFT TURN LANE STRIPE PER RENTON STA 47+24 ® l r +86 ( j STD. DETAIL, HR-01. TCE I� -' • /.117.1.: /• ® 16. BICYCLE LANE SYMBOLS SHALL BE PER WSDOT STANDARD - - ,�= •'� �� PLAN M-9.50-00 ^ i •�„� .�® STA. 49+62 6 17. INSTALL DOTTED EXTENSION UNE PER WSDOT STD PLAN M-20.10-00. R/W ILOGAN__ �f+00 �1�' �. �: �c��►.T•f��i�ij�V:'i�:i \\ AVE.YGN ❑ STA 50+39 Q 7�:iiL � '' • '-�T-_ '—_— _ 5o+i°0 — 4. ILLUMINATION NOTES: W _ - I,1 1 1 �� '. a .`\ �� \ - _ _ - - - 51 '=O SEE SIGNAL PLAN SHEETS TS11-T561 FOR �- "�- `I�I '• - R ' -- _ •- - . - AD AL WIRING INFORMATION. SEE SHEET 0 i i' „4"4 I v• ,,�•, 0 - IDT1-IDT2 FOR ILLUMINATION SCHEDULE. ICE U p • ►s,*. INSTALL 3-110'S BETWEEN POLE BASE AND + .A © 1 1° ;,, 4 © _ JUNCTION OX IN 2" PVC CONDUIT (TYP) J e6 .r co I VIII ►SS1 Q A{a LUMINAIRE NUMBER Si 11' kW - 1 • 'OM •, s Lad Mr CIRCUIT NUMBER ���I • ‘��, UJ CIRCUIT - CONNECT TO EXISTING CIRCUIT. Q _ _ - _ �`;�;�; ' ►• ����� ��+ '1111 (/) CIRCUITS 2i, 2N, 2S - SERVICE POINT 2 ,� �� , ��.. e ;������ I■7_ ® RAISE EXISTING JUNCTION BOXES T I GRADE 1 . .---167 Z © �* •' .r , (. a ':'� ,jr -___ _�� -����e.7—��— ® AS NECESSARY. �_ R/YP - • ,.� \ e - � �- lei_,R^(` ALL EXISTING SIGNS, LUMINAIRES, AND U TCE ® - `�,' A\,I,�,I,I,I,I,ISIWN T`I`LT%I,I,I%I,I,I`SNA // ® ---. © _ R/W LUMINAIRE POLES TO BE REMOVED SHALL ® ♦ �� '`• .+,,,,,``+\,,,,``+,`,"�/`a , _ - _ �� BE SALVAGED AND DELNERED TO THE L�] O _ _ CITY OF RENTON MAINTENANCE CENTER. m SVC 2 � _le f97 I+ /\A,. "Alia ® STA 49+06 J ® �-TCE ♦ ® - - - - - . I Fd- WIRING SCHEDULE Q a I (• BICYCLE LANE SYMBOL L�] LU CONDUIT CONDUCTORS COMMENT ® I SIA 49+27 16 Z N0. SIZE FOR LUMINAIRES ON I II I I STA 61+17, 0.4' RT 6 1 = 21 2" 3-16 ILLUMINATION SIGNAL POLES, SEE 3 I ❑ I :1- TRAFFiC SIGNAL PLAN (TW) I 21 I 23 2" 3-14 ILLUMINATION ,r,, )ii I 4" 1-12 STRAND SMFO INTERCONNECT 21 Z I 3 I 24 4' SPARE �)• , 12'1 1 1' 0 6'16' 11' 12' 1 1 25 4" SPARE STRAND SMFO INTERCONNECT -I 1' X14• ..11 o/ 3350 Monte viae Parkway MATCHUNE STA. 61+50 (SEE SHEET CHO7) I wc7 I CSR mom t"-2o' .. ' " CITY OF CITY OF RENTON �4/17/06, (�-� Bothell, Washington 98021-8972 3 RENTON SOUTH LAKE WASHINGTON — / til 1 RAT ROADWAY IMPROVEMENTS limn.. 11\( 1 I I( 025)651-4 — i I ����I DATUM (125)661—�90e re, "':'"" Planning/Bonding/Public Works Devi- CHANNELIZATION,ILLUMINATION&SIGNING PLAN CH03 -^pnc111c ro— NO. REVISION BY DATE APPR ... A -J LOGAN AVE.N.STA.42+00 TO STA.51+00 io 134.1o4 — — — — a, MATCHLINE STA. 29+00 (SEE SHEET CH14) 2, 0 SCALE 20 k STA 29+32, 33' RT 1. 12' 11'111' 1 0 12' I — -- C ©O .4. FOR LUMINAIRES ON ' SIGNAL POLES, SEE I CHANNELIUTION NOTES: w TRAFFIC SIGNAL PLAN (I'M) 1- PROVIDE AND INSTALL NEW CHANNEIJZATION AS SHOWN IN ACCORDANCE / I STA 29+44, 3' LT WITH CITY OF RENTON STANDARD DETAILS AND WSDOT STANDARD PLANS U - . / I 11*--' +�j I STA 29+54 ❑ 1. INSTALL 24" SOLID WHITE THERMO PLASTIC STOP BAR. STA 144+10.75 ii "" 2. INSTALL WHITE THERMOPLASTIC CROSSWALK BARS PER RENTON STD. W END TAPER r x37h--4-4-1---' ® S 0 DETAIL HR-13. I - - - - - - - •', U 63 IA 3. INSTALL R.P.M. LANE UNE STRIPE PER RENTON STD. N 22° +62.5 DETAIL HR-02. • LT 4. INSTALL DOUBLE YELLOW R.P.M. CENTER LINE STRIPE PER RENTON W �\x © 4173 .� \ \Cr) 10 6 STD. DETAIL HR-01. -� x ETA 146+58 V) 5. INSTALL R.P.M. APPROACH UNE STRIPE PER RENTON Y I iire � / q 77� x •' i11111 11 II 111 \ - - - - -? - - - - - - - - STD. DETAIL HR-O2. 6. INSTALL WHITE THERMOPLASTIC PAVEMENT MARKING AS SHOWN PER 0 1 1' 7 T_ x>> • ::b ks— NRN 7I E / }-\�, _+ 11' _�, — - 7. PAINT 4 SCUD WHITE UNE. -" — — 0 o I - - --- - - — — -•— — 9. INSTALL R.P.M. TWO-WAY LEFT TURN LANE STRIPE PER RENTON R. 13 x 1J STD. DETAIL HR-01. 1-4.411 145+W •4-ce 147+00 15. BICYCLE LANE SYMBOLS SHALL BE PER WSDOT STANDARD 4•d 5.5' - W PLAN M-9.50-00 PAINT LI../ 6.4 Z s 5.5' M 1 U Xs=r © AL 1 1' � Q U SIGNING NOTES: - 1 i' LAGAN AVE. N 6 m /' MOUNTED ON ���'��MO= '•�}- N ALL SPOS1SIGNS SUNLESS HALL E OTHERWISE SPECIFIED. r---.0 J—• --5, 1! SEE SIGN SCHEDULE SHEET SDT1 �l � EDGE OF SIGN SWILL 8E PLACED A -1 . ,' 11v Y�% �.L© '- - - - - - - - - - - - MINIMUM OF 24" FROM THE FACE OF • 0 6 STA 143+54 STA 144+38 �:q - - r - -�i „ / © EDGE OF SIGNCURB. SHALL HAVE MINIMUM THERE'S NO ❑ 0 a STA 146+06 m m 8 FEET CLEAR TO OUTSIDE EDGE OF AM II SERVICE ;1 m ® STA 147+12 , 1N LANE. e ILLUMINATION NOTES: • —.— . _ . SEE SIGNAL PLAN SHEETS TS11-TS61 FOR _ — . - . _ . _ ADDITIONAL WIRING INFORMATION. SEE SHEET LL 19 �" Z �- IDT1-IDT2 FOR ILLUMINATION SCHEDULE. __ :e. 11' \ � INSTALL 3-#10'S BETWEEN POLE BASE AND . JUNCTION BOX IN 2" PVC.-CONDUIT (TYP). _ a-ST• 149+ 9 M �a LUMINAIRE NUMBER 0 16.5' STA 148+35 6.0' LT _ , M CIRCUIT NUMBER - 148+00 = CIRCUIT 1N - CONNECT TO EXISTING CIRCUIT. W 11' _'_ \ `\� . L CIRCUITS 2S - SERVICE POINT 2 I4g a0 \ \.� \ \ \ .` = RAISE EXISTING JUNCTION BOXES TO GRADE p \ \ 6 STA 151+57 VI AS NECESSARY. to_--,-.=_.,......=.... �\ 11' ❑ ALL EXISTING SIGNS, LUMINAIRES, AND -� - - \ \ =r W LUMINAIRE POLES TO BE REMOVED SHALL NV - THE A. All � \ 11' \ ' ® CITY OF RENTON MAI(i) BE SALVAGED AND ENTTTJAIJDCET�ENTER. trf \\ \a _ " �" WIRING SCHEDULE La Z m \\\ \ \\� , ONDUIT ® ��\ \ 1__�+0=__ _ _ - Q NO. SIZE CONDUCTORS COMMENT I- 414 -�__._,+ ,- 752 21 2" 3-16 ILLUMINATION Y ^it - - W Z 22 2" SPARE J 4" 2-24 STRAND SMFO INTERCONNECT ® -�— m = 25 4" SPARE :� INTERCONNECT NOTES: a '� --- ® 1. SEE SIGNAL PLAN SHEET FOR CONTINUATION 14 `‘ •22 - __ - . . —-- --- - ® OF INTERCONNECT ROUTING AT INTERSECTION. 4-o-o4:. 2S I Dews afNo7 I AIN O. i t ' 350 Monte Villa Parkway �- IMMILMe �„ 1'-20' '�""�e' n CITY OF CITY OF RENTON 17/� F �`� H Bothell, Washington 96oz1-ae7z === RENTON SOUTH LAKE WASHINGTON uu jj •—,AT ROADWAY IMPROVEMENTS UMW Idt• I'\/ I I I( (4 5)o9s dx00 } D�TUTA (�zs)o5l_�eoe rel =MOM NM .".•wsv I I Plannkq/Building/Public Work.. Deo_ C1UINNELIZATION,ILLUMINATION&SIGNING PLAN CHtJ`1 .np.��n�.ow„ NO. REVISION BY DATE ��_..t, - _— LOGAN AVE.N.STA 143+00 TO STA.42+00 `�133'6104 1 ( III 1I A!' OVER BY 1 Ci717 COUNCIL Date /4-g-02__ COMMITTEE OF THE WHOLE COMMITTEE REPORT October 8,2007 2008 Cost of Service Water Rate Structure Proposal (Referred September 10, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to approve the 2008 Cost of Service Rate Structure as proposed: Expand to 5 customer classes with adjusted commodity rates, expand to 3 consumption blocks for single-family/duplex (0— 599, 600— 1,400 and over 1,400 cf per month), and adjust meter charges for all customer classes. It is understood that formal Council action on the City's 2008 Cost of Service Water Rate Structure will be conducted as part of the City Council's upcoming 2008 budget review and approval process, and will be implemented as part of the 2008 utility rates ordinance. Toni Nelson, Council •resident cc: Gregg Zimmerman,PBPW Administrator Mike Bailey,FIS Administrator Lys Hornsby,Utility Systems Director Nenita Ching,PBPW Principal Financial Analyst APPROVED BY 1 CITY COUNCIL Date /a- S-0200 7 COMMITTEE OF THE WHOLE COMMITTEE REPORT October 8, 2007 2008 Senior/Disabled/Low-Income Rates Proposal (Referred September 10, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to lower the eligibility age to 61 years, and to use the King County income threshold for property tax relief program for 40% discount level($35,000 for 2007) for the Senior/Disabled/Low- Income Rates program. It is understood that formal Council action on the City's 2008 Senior/Disabled/Low-Income Rates will be conducted as part of the City Council's upcoming 2008 budget review and approval process, and will be implemented as part of the 2008 utility rates ordinance. Toni Nelson, Council ' 'dent cc: Gregg Zimmerman,PBPW Administrator Mike Bailey,FIS Administrator Lys Hornsby,Utility Systems Director Nenita Ching,PBPW Principal Financial Analyst A FIOVED BY - 1 Ci a` 'COUNCIL Date /t -8-02047 COMMITTEE OF THE WHOLE COMMITTEE REPORT October 8, 2007 NPDES Phase II Municipal Stormwater Permit Compliance,New Program and Rate Increase (Referred September 10, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to approve the Surface Water Utility's new program request required to comply with the NPDES Stormwater Permit, authorizing 4.7 new FTE's and a Surface Water Utility rate increase of $1.32 per month for single-family customers (23.0% for all other customers) in 2008 necessary to fund the new program. The Committee further authorizes the use of the equipment rental fund(Fund 501)to purchase the equipment (vactor truck) needed for the new program with the Surface Water Utility repaying the equipment rental fund over a 5-year period. It is understood that formal Council action on the City's 2008 NPDES Phase II Permit Compliance will be conducted as part of the City Council's upcoming 2008 budget review and approval process, and will be implemented as part of the 2008 Utility Rates Ordinance. / Toni Nelson, Counci ' --ident cc: Gregg Zimmerman,PBPW Administrator Mike Bailey,FIS Administrator Lys Hornsby,Utility Systems Director Ron Straka,Surface Water Utility Supervisor Nenita Ching,PBPW Principal Financial Analyst APPROVED By -, MY COUNCIL FINANCE COMMITTEE REPORT Date /O=8- x047 October 8, 2007 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on October 8, 2007, claim vouchers 264578-265075 and 2 wire transfers, totaling $3,563,369.75, and 675 direct deposits, 145 payroll vouchers, and 1 wire transfers, totaling $2,151,798.44. Don Persson, Chair Denis Law, Vice-Chair Dan Clawson, Member—NOT IN ATTENDANCE jarcie Palmer, Substitute Member APPROVED BY 1 Gbh COUNCIL FINANCE COMMITTEE COMMITTEE REPORT Date - 8�oo� , October 8, 2007 REQUEST FOR UTILITY BILL ADJUSTMENT FROM MAPLEWOOD LLC (3014e 06) 7/2/2007 Maplewood LLC (apartment community) requested an adjustment to their utility bills for two billing periods (4 months) due to a leak. The adjustment requested was $16,455.76. The total bill for these billing periods is $24,571.75. The leak period covered three billing periods, August through December 2006. Renton's Ordinance No. 5210 specifies adjustment to a maximum of two billing periods (4 months): The ordinance requires that a request for adjustment be made within sixty(60) days of discovery of a leak. Notices of high consumption were sent to Maplewood LLC on August 24, 2006, and December 20, 2006. The leak was not repaired within the 60 day period after the date of the first high consumption notice. The request,for a billing adjustment was received more than sixty(60) days from the first notice. The Finance Committee recommends granting an adjustment for August 2006 consumption and for half of the October 2006 consumption,in the amount of$8,346.78. Don Persson, Chair -Nat in Attendance- Dan Clawson,Member Vaita.(2 YJAA40-/c._ Marcie Palmer, Substitute Member cc: Gregg Zimmerman,PB/PW Administrator Lys Horsby,Utility Systems Director Mike Bailey,FIS Administrator Linda Parks,Fiscal Services Director Cindy Zinck,Finance Analyst Supervisor Elloyce Sumpter,Accounting Supervisor Ar"rMvr,r BY CST'C LINCIL FINANCE COMMITTEE COMMITTEE REPORT Date //-8"aoo7 October 8, 2007 REQUEST FOR UTILITY BILL ADJUSTMENT FROM FRIENDS OF YOUTH (September 10,2007) Friends of Youth requests an adjustment to a back utility bill representing 4 1/2 years of unbilled consumption totaling $10,426.04. The unbilled consumption resulted from a stuck meter that did not register usage. Friends of Youth has paid $5,200 towards this back utility bill, leaving a balance of$5,226.04. Friends of Youth is a non profit organization and as such this unexpected back utility bill impacts their budget. The Finance Committee recommends concurrence in the staff recommendation and approves Friends of Youth's request for an adjustment in the amount of$5,226.04. tx/2' Don Persson, Chair -Not in Attendance- Dan Clawson,Member / ' Marcie Palmer, ubstitute Member cc: Gregg Zimmerman,P/B/PW Administrator Lys Horsby,Utility Systems Director Mike Bailey,FIS Administrator Linda Parks,Fiscal Services Director Cindy Zinck,Finance Analyst Supervisor Elloyce Sumpter,Accounting Supervisor ArPnOVED sof 1 CITY COUNCIL Date 1 .2007 FINANCE COMMITTEE COMMITTEE REPORT October 8, 2007 Reclassification of a Civil Engineer III Position to a New Position of Principal Civil Engineer— Transportations Systems Division (September 10, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve the reclassification of a Civil Engineer III position to a new position of Principal Civil Engineer— Transportations Systems Division. ------ Don Persson, Chair -Not in Attendance- - Dan Clawson,Member -)i , ai 72t ILVA - Marcie Palmer, Substitute Member cc: Gregg Zimmerman,PBPW Administrator Mike Webby,HRRM Administrator Michael Bailey,FIS Administrator Peter Hahn,Deputy P/B/P/W Administrator—Transportation Connie Brundage,Transportation Administrative Secretary yro BY Cr:COUNCIL Date / $-a!JO7 UTILITIES COMMITTEE COMMITTEE REPORT October 8, 2007 Establishment of the Earlington Sewer Interceptor Special Assessment District (September 24, 2007) The Utilities Committee recommends concurrence in the staff recommendation to approve the preliminary Earlington Sewer Interceptor Special Assessment District. The Committee further recommends staff to proceed with the establishment of the final Special Assessment District upon completion of the construction of the Earlington Sewer Interceptor project. Dan Clawson, Chair Terri Briere,U ce Chair �o`r ►� -AT`r'e►JbA)IGC — Denis W. Law, Member cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater Utility Engineering Supervisor John Hobson,Wastewater Utility Engineer A - Aio®oled M-f aao�' CITY OF RENTON, WASHINGTON RESOLUTION NO. .390f A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF RENTON AND THE KING COUNTY DIRECTORS' ASSOCATION TO PURCHASE CERTAIN MERCHANDISE. WHEREAS, the King County Directors' Association purchases merchandise for public school districts; and WHEREAS, the King County Directors' Association is authorized to enter into an Interlocal Agreement with other public agencies to allow those public agencies to purchase the merchandise otherwise available to public school districts; and WHEREAS, the City of Renton has need to purchase certain merchandise through the King County Directors' Association; and WHEREAS, it is necessary to document the terms and conditions under which the City may so purchase merchandise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an agreement with the King County Directors' Association entitled "Interstate Associate Membership Agreement Between King County Directors' Association and the City of Renton." 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1297:09/11/07:ch 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE 2007 BUDGET BY USING $29,200 FROM THE FUND 010 FUND BALANCE FOR THE PURPOSE OF FUNDING THE CITY OF RENTON'S 2007 AND 2008 RENTON HEART MONTH CAMPAIGNS ($19,200) AND FOR PURCHASING SIX PUBLIC ACCESS DEFIBRILLATORS ($10,000). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2007 Original Budget 2007 Adjusted Budget Increase Budget General Fund - Fire $1,000.00 $29,200.00 $30,200.00 000.000000.009.5220.0030.31.000000 Total $29,200.00 *.r Source of funds: Reimbursement from Fund 010 to Fund 000 in 2007 Budget. SECTION II. Funds for this line item are hereby added to the 2007 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor ORDINANCE NO. *4100 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Page 2 of 2