HomeMy WebLinkAboutCouncil 05/16/2011AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
May 16, 2011
Monday, 7 p.m.
*REVISED*
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. Emergency Medical Services (EMS) Week
4.ADMINISTRATIVE REPORT
5.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.
6.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 5/9/2011. Council concur.
b. City Clerk recommends approval of an interlocal cooperative purchasing agreement with
Thurston County for goods and services. Council concur. (See 8.a. for resolution.)
c. City Clerk submits Hearing Examiner recommendation to approve a rezone of the former Fire
Station 13 site from R‐10 (Residential ten dwelling‐units per net acre) to R‐14 (Residential 14
dwelling‐units per net acre); located at 17040 108th Ave. SE. Council concur. (See 8.a. for
ordinance.)
d. Community Services Department recommends approval of a lease with Curt Tiedeman, an
individual dba First Rate Mortgage, for Suite 410 of the 200 Mill Building at the rate of $2,500
per month. Refer to Finance Committee.
e. Human Resources and Risk Management Department recommends approval of the
reclassification of two Human Resources Analysts positions to Senior Human Resources
Analysts. Refer to Finance Committee.
7.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 the Chair if further review is necessary.
a. Committee of the Whole: Sister Cities Policy Update*
b. Finance Committee: Vouchers; Interfund Loan to Fund 317*
Page 1 of 143
c. Planning & Development Committee: Title IV (Development Regulations) Docket #6*; City
Center Community Plan
d. Public Safety Committee: Dangerous Dogs Appeal Process Code Amendment*
e. Transportation (Aviation) Committee: Rainier Ave. S. Contract with KBA, Inc
8.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Interlocal cooperative purchasing agreement with Thurston County (See 6.b.)
b. Sister Cities Affiliation Policy (See 7.a.)
c. Interfund loan to Fund 317 ‐ SW 27th St./Strander Blvd. Connection Project (See 7.e.)
Ordinances for first reading:
a. Rezone of former Fire Station 13 property (See 6.c.)
b. Animal Provisions ‐ Title IV Docket #D‐55 (See 7.c.)
c. Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
d. Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
e. Extension Approvals ‐ Title IV Docket #D‐62 (See 7.c.)
f. Center Downtown Zone ‐ Title IV Docket #D‐63 (See 7.c.)
g. Land Use Applications & SEPA Mitigation Conditions ‐ Title IV Docket #D‐64 (See 7.c.)
h. Dangerous dogs appeal process code amendment (See 7.d.)
Ordinances for second and final reading:
a. Water leak billing adjustment code amendment (1st reading 5/9/2011)
b. Libraries development limited tax general obligation (LTGO) bonds (1st reading 5/9/2011)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
10.AUDIENCE COMMENT
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
May 16, 2011
Monday, 5:30 p.m.
Redistricting ‐ Redrawing of Legislative & Congressional District Boundaries;
Sister Cities Policy Update;
Interlocal Agreement with King County Library System ‐ topic cancelled
• 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 RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 143
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Interlocal Cooperative Purchasing Agreement with
Thurston County for goods and services
Meeting:
Regular Council - 16 May 2011
Exhibits:
Interlocal Cooperative Purchasing Agreement
Resolution
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
Bonnie I. Walton, City Clerk, x6502
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ n/a Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Chapter 39.34 RCW allows cooperative purchasing between public agencies (political subdivisions). Public
agencies having an Intergovernmental Cooperative Purchasing Agreement (ICPA) with each other may make
purchases from each others contract awards, if the Vendor has agreed to such participation. The awarding
agency does not accept any responsibility for orders placed by other public agencies. A public agency
purchasing under another agency's contract accepts responsibility for compliance with all local ordinances,
local policies and procedures, and statutes (including bid limits) governing purchase by or on behalf of itself.
An Interlocal Cooperative Purchasing Agreement with Thurston County is requested. This agreement will
allow City departments to “piggyback” on a Thurston County contract for goods and services if the Thurston
County contract came about and was awarded in a manner consistent with all statutory and policy
requirements for City of Renton purchasing. Thurston County would be allowed the same with City of Renton
contracts. This agreement will also allow the City of Renton and Thurston County to acquire surplus property
from each other. RCW 39.33.010 authorizes such purchases “on such terms and conditions as may be mutually
agreed upon.”
While the first purchase under this agreement is likely to be the purchase of a Tymco Sweeper by the Public
Works Maintenance Services Division, the agreement is purposely written to give all City
departments flexibility to piggyback for any goods and services. Under this interlocal agreement, all
provisions of Policy and Procedure No. 250-02, Purchasing, Bidding and Contracting Requirements, as
approved by City Council on 3/22/2010 remain fully in effect.
STAFF RECOMMENDATION:
Approve an Interlocal Cooperative Purchasing Agreement with Thurston County for goods and services
and adopt the Resolution
6b. ‐ City Clerk recommends approval of an interlocal cooperative
purchasing agreement with Thurston County for goods and services.
Page 3 of 143
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
THIS AGREEMENT is between THURSTON COUNTY, a Washington State political
subdivision, and the CITY of RENTON, a municipal corporation of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington provides for interlocal cooperation between governmental agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the
intergovernmental disposition of property; and
WHEREAS, the parties desire to utilize each other’s procurement agreements when it is in their
mutual interest;
NOW, THEREFORE, the parties agree as follows:
1.PURPOSE: The purpose of this agreement is to acknowledge the parties’ mutual interest to jointly
bid the acquisition of goods and services and to dispose of property where such mutual effort can
be planned in advance and to authorize the acquisition of goods and services and the purchase or
acquisition of goods and services under contract where a price is extended by either party’s bidder
to other governmental agencies.
2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer
the provisions of this agreement.
3. SCOPE: This agreement shall allow the following activities:
A.Purchase or acquisition of goods and services by each party acting as agent for either or both
parties when agreed to in advance, in writing;
B.Purchase or acquisition of goods and services by each party where provision has been
provided in contracts for other governmental agencies to avail themselves of goods and
services offered under the contract.
C.Disposal of goods by each party acting as agent for either, or both parties when agreed to in
advance, in writing.
4.DURATION AGREEMENT – TERMINATION: This agreement shall remain in force until
canceled by either party in writing.
5.RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the
right to contract independently for the acquisition of goods or services or disposal of any
property without notice to the other party and shall not bind or otherwise obligate the other
party to participate in the activity.
6.COMPLIANCE WITH LEGAL REQUIREMENTS: Each party accepts responsibility for
compliance with federal, state or local laws and regulations including, in particular, bidding
requirements applicable to its acquisition of goods and services or disposal of property..
7.FINANCING: The method of financing of payment shall be through budgeted funds or other
available funds of the party for whose use the property is actually acquired or disposed. Each
party accepts no responsibility for the payment of the acquisition price of any goods or
services intended for use by the other party.
8.FILING; Executed copies of this agreement shall be filed or posted on a website as required
6b. ‐ City Clerk recommends approval of an interlocal cooperative
purchasing agreement with Thurston County for goods and services.
Page 4 of 143
by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming
effective.
9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations
for goods a provision disclosing that other authorized governmental agencies may also wish to
procure the goods being offered to the party and allowing the bidder the option of extending its
bid to other agencies at the same bid price, terms and conditions.
10. NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate the performance of
any contractual obligation, to a third party, unless mutually agreed in writing. Neither party
may assign this agreement without the written consent of the other party.
11. HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any
negligent or wrongful act or failure to act on the part of itself and its employees. Neither party
assumes responsibility to the other party for the consequences of any act or omission of any
person, firm or corporation not a party to this agreement.
12. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable,
shall be ineffective to the extent of such prohibition or enforceability, without involving the
remaining provisions or affecting the validity or enforcement of such provisions.
THURSTON COUNTY CITY OF RENTON
By: __________________________________ By: ___________________________________
Mark Neary, Central Services Director City Manager
Approved as to form:Approved as to form:
JON TUNHEIM
PROSECUTING ATTORNEY
By: __________________________________ By: ________________________________
Deputy Prosecuting Attorney Renton City Attorney
ATTEST: ATTEST:
City Clerk
_________________________________ __________________________________
Clerk of the Board
DATE ____________________________ DATE ____________________________
6b. ‐ City Clerk recommends approval of an interlocal cooperative
purchasing agreement with Thurston County for goods and services.
Page 5 of 143
1
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 AGREEMENT WITH
THURSTON COUNTY ENTITLED INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT.
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation between governmental
agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the
intergovernmental disposition of property; and
WHEREAS, the parties desire to utilize each other’s procurement agreements when it is
in their mutual interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I.The above recitals are found to be true and correct in all respects.
SECTION II.The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with Thurston County entitled Interlocal Cooperative Purchasing
Agreement.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2011.
______________________________
Bonnie I. Walton, City Clerk
6b. ‐ City Clerk recommends approval of an interlocal cooperative
purchasing agreement with Thurston County for goods and services.
Page 6 of 143
RESOLUTION NO. _______
2
APPROVED BY THE MAYOR this ______ day of _____________________, 2011.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Lawrence J. Warren, City Attorney
RES.1505:5/5/11:scr
6b. ‐ City Clerk recommends approval of an interlocal cooperative
purchasing agreement with Thurston County for goods and services.
Page 7 of 143
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Former Fire Station 13 Rezone; File No. LUA-11-
007, ECF, R
Meeting:
Regular Council - 16 May 2011
Exhibits:
Hearing Examiner's Report & Recommendation
4/22/2011
Ordinance
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
Bonnie I. Walton, City Clerk, x6502
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ n/a Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Hearing Examiner Pro tempore John Galt held an open record hearing on April 19, 2011 to consider city
staff's request for rezone of 20,000 s.f. of property located at 17040 108th Ave. SE, known as the
former Fire Station 13 property, from R-10 to R-14. The report and recommendation was issued on April
22, 2011, and no appeals or requests for reconsideration were thereafter filed. Hearing Examiner Pro
tempore John Galt recommends that Council grant the rezone.
(City Staff Contact: Erika Conkling, x6578)
STAFF RECOMMENDATION:
Approve the Former Fire Station 13 Rezone from R-10 to R-14 and adopt the Ordinance
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 8 of 143
c:\exam\renton\docs\lua11-007.doc
BEFORE the HEARING EXAMINER Pro Tempore for the
CITY of RENTON
RECOMMENDATION
FILE NUMBER:LUA11-007, ECF, R
APPLICANT:City of Renton
1055 S Grady Way
Renton, WA 98057
OWNER:Same as Applicant
TYPE OF CASE:Rezone (not requiring a Comprehensive Plan amendment)
from R-10 to R-14 (Former Fire Station 13 Rezone)
STAFF RECOMMENDATION:Approve
SUMMARY OF RECOMMENDATION:GRANT
DATE OF RECOMMENDATION:April 22, 2011
INTRODUCTION 1
1 Any statement in this section deemed to be either a Finding of Fact or a Conclusion of Law is hereby adopted as
such.
The City of Renton (City) seeks rezone from R-10 to R-14 of a 20,000 square foot (SF) site.
The City filed the rezone application in early February, 2011. The Renton Department of Community
and Economic Development, Planning Division (Planning) deemed the application to be complete when
filed. (Testimony)
The subject property is located at 17040 108th Avenue SE.
The Renton Hearing Examiner Pro Tempore (Examiner) viewed the subject property on April 19, 2011.
The Examiner held an open record hearing on April 19, 2011. Planning gave notice of the hearing as
required by the Renton Municipal Code (RMC). (Exhibit 8 2)
2 Exhibit citations are provided for the reader’s benefit and indicate: 1) The source of a quote or specific fact; and/or
2) The major document(s) upon which a stated fact is based. While the Examiner considers all relevant documents in the
record, typically only major documents are cited. The Examiner’s Decision is based upon all documents in the record.
The following exhibits were entered into the hearing record during the hearing:
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 9 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 2 of 8
c:\exam\renton\docs\lua11-007.doc
Exhibits 1 - 6:As enumerated in Exhibit 7
Exhibit 7:Staff Report
Exhibit 8:Hearing notice documentation
The action taken herein and the requirements, limitations and/or conditions imposed by this decision are,
to the best of the Examiner’s knowledge or belief, only such as are lawful and within the authority of the
Examiner to take pursuant to applicable law and policy.
ISSUES
Does the application meet the criteria for approval of a rezone not requiring a Comprehensive Plan
amendment as established within the RMC?
No testimony or evidence was entered into the record by the general public either in support of or in
opposition to the application.
FINDINGS OF FACT
1.The City seeks to change the zoning of the former Fire Station 13 site so that it will match the
zoning of the lands that surround it. The rectangular, nearly half-acre site is located on the east
side of 108th Avenue SE, approximately midway between SE 170th and SE 172nd Streets, in the
Benson Hill area. (Exhibit 4)
2.The site itself is now vacant. The surrounding area exhibits a variety of zones and uses. The
parcels immediately surrounding are all zoned R-14 and exhibit a mix of single-family
residences, home-based or small businesses, or vacant land. Beyond the immediate parcels are
more single-family homes, multi-family structures, a neighborhood business area to the north,
and a larger business area to the south. Multiple zones are found within a quarter-mile area,
including R-8, R-10, R-14, CN, and CA. (Exhibits 2, 4, and 7)
3.This site is not located in the Aquifer Protection Zone. (Exhibit 7, p. 3)
4.Subsection 4-9-180F2 RMC sets forth the review criteria for a rezone which does not require a
Comprehensive Plan amendment. Those criteria and the facts associated with each are:
A.RMC 4-9-180F2a: “The rezone is in the public interest, and”
Facts: Approval of the requested rezone will eliminate a small island of R-10 zoning in
the midst of a large area of R-14 zoning. (Exhibit 2) Making the area zoning consistent
serves the public interest.
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 10 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 3 of 8
c:\exam\renton\docs\lua11-007.doc
B.RMC 4-9-180F2b: “The rezone tends to further the preservation and enjoyment of any
substantial property rights of the petitioner, and”
Facts: Making the zoning of this site the same as that of all the parcels which surround it
will provide the City with the same property rights as its surrounding neighbors.
C.RMC 4-9-180F2c: “The rezone is not materially detrimental to the public welfare of the
properties of other persons located in the vicinity thereof, and”
Facts: The City’s State Environmental Policy Act (SEPA) Responsible Official, the
Environmental Review Committee, issued a threshold Determination of Nonsignificance
(DNS) for the requested rezone on March 21, 2011. (Exhibit 6) The DNS was not
appealed. (Exhibit 7, p. 3)
D.RMC 4-9-180F2d: “The rezone meets the review criteria in subsection F1 of this
Section.” Those criteria are:
i.RMC 4-9-180F1a: “Is consistent with the policies set forth in the Comprehensive
Plan; and”
Facts: The Comprehensive Plan designation for the area in which the parcel is
located is Residential Medium Density (RMD). (Exhibit 3) The RMD designation
is intended to create the opportunity for a diverse neighborhood with a variety of
housing and ownership options.
Policy LU-163. Areas may be conserved for Residential 14 (R-14)
zoning where the site meets the following criteria:
1)Adjacent to major arterials(s);
2)Adjacent to the Urban Center, Highlands Center Village, or
Commercial Corridor Designations;
3)Part of a designation totaling over 20 acres (acreage may be in
separate ownership);
4)Site is buffered from single-family area or other existing,
potentially incompatible uses; and
5)Development within the density range and of similar unit type is
achievable given environmental constraints.
Although the site is on a minor arterial, if considered as part of the R-14 area that
surrounds it, the R-14 area is adjacent to State Route 515, a major arterial. The
R-14 area as a whole is also adjacent to a Commercial Corridor designation and
totals over 20 acres, meeting the second and third criteria. Since there are no
critical areas, and the surrounding neighborhood already contains a mix of uses, it
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 11 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 4 of 8
c:\exam\renton\docs\lua11-007.doc
is reasonable to expect that development on the site could achieve the required
density range of the R-14 zone (10 to 18 units). (Exhibits 2, 4, and 7)
ii.RMC 4-9-180F1b: “At least one of the following circumstances applies:
“i. The property subject to rezone was not specifically considered at the
time of the last area land use analysis and area zoning; or
“ii. Since the most recent land use analysis or the area zoning of the
subject property, authorized public improvements, permitted private development
or other circumstances affecting the subject property have undergone significant
and material change.”
Facts: The Fire Station 13 site was an extra-municipal “island” of City land
surrounded by unincorporated King County before the Benson Hill annexation
occurred in 2008. The Fire Station 13 site had an RMD Comprehensive Plan
designation and was zoned R-10.
In 2007, the City pre-zoned the Benson Hill area in anticipation of annexation.
Because the Fire Station 13 property was already a part of the City and had
already been assigned a land use designation (RMD) and zone classification
(R-10), it was not considered in the 2007 area-wide pre-zoning for the Benson
Hill area.
When the Benson Hill area annexed into the City in 2008, the 2007 pre-zoning for
the area was implemented: All of the parcels around Fire Station 13 were also
designated RMD, but were zoned R-14. That left the Fire Station 13 site as the
only R-10 zoned parcel in the immediate area. 3 Fire Station 13 was also relocated
to another site at about the same time, leaving the subject property vacant.
(Exhibit 7, p. 2)
3 The Staff Report refers to this as “a spot-zoning situation”. (Exhibit 7, p. 2) Strictly speaking, this is not improper
“spot-zoning.” The judicially created spot-zoning doctrine refers to a situation in which a small area is zoned differently from
the area surrounding it and not in conformance with the adopted Comprehensive Plan. Since both the R-10 and the R-14
zones serve to implement the Comprehensive Plan’s RMD designation, the existence of the small R-10 zoned parcel,
although not particularly logical or desirable, is not an example of improper spot-zoning.
5.Any Conclusion of Law deemed to be a Finding of Fact is hereby adopted as such.
LEGAL FRAMEWORK 4
4 Any statement in this section deemed to be either a Finding of Fact or a Conclusion of Law is hereby adopted as
such.
The Examiner is legally required to decide this case within the framework created by the following
principles:
Authority
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 12 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 5 of 8
c:\exam\renton\docs\lua11-007.doc
A rezone not requiring a Comprehensive Plan amendment is a Type IV application which is subject to
an open record hearing before the Examiner. Following the hearing, the Examiner issues a
recommendation on the application which is subject to the right of reconsideration before action by the
City Council. [RMC 4-08-070H3a, 4-8-080G, 4-8-100G4, and 4-9-180D]
The Examiner may
grant or deny the application, or the Examiner may require of the applicant such
conditions, modifications and restrictions as the Examiner finds necessary to make the
application compatible with its environment and carry out the objectives and goals of the
Comprehensive Plan, the zoning regulations, the subdivision regulations, the codes and
ordinances of the City of Renton, and the approved preliminary plat, if applicable.
Conditions, modifications and restrictions which may be imposed are, but are not limited
to, additional setbacks, screenings in the form of landscaping and fencing, covenants,
easements and dedications of additional road rights-of-way. Performance bonds may be
required to insure compliance with the conditions, modifications and restrictions.
[RMC 4-8-100G3]
Review Criteria
The review criteria for rezones are found at RMC 4-9-180F2 and have been set forth in the Findings of
Fact, above.
The Local Project Review Act [Chapter 36.70B RCW] establishes a mandatory “consistency” review for
“project permits”, a term defined by the Act to include “building permits, subdivisions, binding site
plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan
review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a
comprehensive plan or subarea plan”. [RCW 36.70B.020(4)]
(1)Fundamental land use planning choices made in adopted comprehensive plans and
development regulations shall serve as the foundation for project review. The review of a
proposed project’s consistency with applicable development regulations or, in the
absence of applicable regulations the adopted comprehensive plan, under RCW
36.70B.040 shall incorporate the determinations under this section.
(2)During project review, a local government or any subsequent reviewing body
shall determine whether the items listed in this subsection are defined in the development
regulations applicable to the proposed project or, in the absence of applicable regulations
the adopted comprehensive plan. At a minimum, such applicable regulations or plans
shall be determinative of the:
(a)Type of land use permitted at the site, including uses that may be allowed
under certain circumstances, such as planned unit developments and conditional
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 13 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 6 of 8
c:\exam\renton\docs\lua11-007.doc
and special uses, if the criteria for their approval have been satisfied;
(b)Density of residential development in urban growth areas; and
(c)Availability and adequacy of public facilities identified in the
comprehensive plan, if the plan or development regulations provide for funding of
these facilities as required by [the Growth Management Act].
[RCW 36.70B.030]
Vested Rights
Renton has not enacted a general vested rights provision. Rezones are not the subject of any statutory
vesting provision. Washington has a judicially-created vested rights doctrine:
Washington does adhere to the minority rule that a landowner obtains a vested right to
develop land when he or she makes a timely and complete building permit application
that complies with the applicable zoning and building ordinances in effect on the date of
the application. Our vested rights rule also has been applied to building permits,
conditional use permits, a grading permit, and a [shoreline management] substantial
development permit.
[Norco Construction v. King County, 97 Wn.2d 680, 684, 649 P.2d 103 (1982), citations omitted] The
vested rights doctrine has never been applied to rezone applications.
Standard of Review
The standard of review is preponderance of the evidence. The applicant has the burden of proof.
Scope of Consideration
The Examiner has considered: all of the evidence and testimony; applicable adopted laws, ordinances,
plans, and policies; and the pleadings, positions, and arguments of the parties of record.
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 14 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 7 of 8
c:\exam\renton\docs\lua11-007.doc
CONCLUSIONS OF LAW
1.A rezone which does not require a Comprehensive Plan amendment must meet all four criteria in
RMC 4-9-180F2: The conjunctive “and” at the end of each criterion indicates that all must be
met. The fourth criterion incorporates the criteria in RMC 4-9-180F1. Those criteria are
structured differently: In order to meet Criterion F2d, an application must meet Criterion F1a and
one or more of the two criteria in F1b (because those two criteria are separated by the disjunctive
“or”).
2.The evidence demonstrates convincingly that a rezone of the subject property from R-10 to R-14
meets the criteria in RMC 4-9-180F2a, F2b, and F2c as well as the criteria in F1a and F1bi, thus
meeting criterion F2d. The application meets all required criteria and deserves approval.
3.The requested rezone passes the “consistency” test: The R-14 density is fully consistent with the
Comprehensive Plan’s RMD designation and utilities are available. (Exhibit 7, p. 3)
4.Finally, the requested rezone simply makes a lot of sense. It will eliminate an historical anomaly
and bring consistency to the area’s residential zoning pattern.
5.Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such.
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusions of Law, the testimony and evidence
submitted at the open record hearing, and the Examiner’s site view, the Examiner recommends that the
City Council GRANT the requested rezone from R-10 to R-14. No conditions need be imposed on the
rezone.
Recommendation issued April 22, 2011.
\s\ John E. Galt (Signed original in official file)
John E. Galt
Hearing Examiner Pro Tempore
HEARING PARTICIPANTS 5
5 The official Parties of Record register is maintained by the City’s Hearing Clerk.
Erika Conkling
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 15 of 143
HEARING EXAMINER Pro Tempore RECOMMENDATION
RE: LUA11-007, ECF, R (Former Fire Station 13 Rezone)
April 22, 2011
Page 8 of 8
c:\exam\renton\docs\lua11-007.doc
NOTICE of RIGHT of RECONSIDERATION
“Any interested person feeling that the [recommendation] of the Examiner is based on an erroneous
procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be
reasonably available at the prior hearing may” file a request/motion for reconsideration with “the
Examiner within fourteen (14) days after the written [recommendation] of the Examiner has been
rendered. The [request/motion for reconsideration] shall set forth the specific errors relied upon.” [RMC
4-8-100G4] Any request/motion for reconsideration shall be addressed to the Renton Hearing Examiner
and filed with the City Clerk. See RMC 4-8-100G4 and RMC 4-8-110E8 for additional information and
requirements regarding reconsideration.
NOTICE of CITY COUNCIL CONSIDERATION
This Recommendation (or the Examiner’s Recommendation after reconsideration) will be considered by
the Renton City Council. Please contact the City Clerk for information regarding the scheduling of
Council consideration of this Recommendation. Please have the applicant’s name and City file number
available when you contact the city.
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 16 of 143
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 17 of 143
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 18 of 143
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 19 of 143
6c. ‐ City Clerk submits Hearing Examiner recommendation to approve a
rezone of the former Fire Station 13 site from R‐10 (Residential ten Page 20 of 143
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
200 Mill Building Lease, Suite 410-Curt Tiedeman,
an Individual dba First Rate Mortgage
Meeting:
Regular Council - 16 May 2011
Exhibits:
Issue Paper
Lease
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$2,500/Month
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Curt Tiedeman, an Individual dba First Rate Mortgage, requests to lease Suite 410 at the 200 Mill
Building, the space that PMC Bancorp previously leased.
The rate of $2,500 per month is that same amount PMC Bancorp was paying for their month-to-month
lease, and all other terms and conditions are also the same.
There is no tenant improvement necessary, and Kidder Mathews, the property manager for the building,
is waiving their commission.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Lease with Curt Tiedeman, an Individual dba First Rate
Mortgage.
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 21 of 143
H:\Facilities\Facilities Director\Peter Renner\Peter Renner 2010\IssuePaperPMCLease.doc 8/3/10
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:May 4, 2011
TO:Terri Briere, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Peter Renner, Facilities Director, Ext 6605
SUBJECT:Lease with Curt Tiedeman, an individual dba First Rate
Mortgage (FRM) for Suite 410 in the 200 Mill Building
Issue:
Should the Council authorize the Mayor and the City Clerk to sign a Lease with FRM for
Suite 410 in the 200 Mill Building?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease.
Background:
·PMC Bancorp has leased this suite, roughly 2,000 square feet of office space,
since August of 2010, on a month-to-month basis. They are discontinuing their
Lease.
·Curt Tiedeman was an employee of PMC and is now doing business as First Rate
Mortgage. He would like to continue to occupy the space.
·Kidder Mathews has reviewed the financials and found them acceptable.
·The fourth floor of the 200 Mill Building is already built out and furnished with
City-owned furniture. Suite 410 is roughly one-third of the fourth floor.
·The business points of the proposed amended lease are as follows:
o Rent will be $2,500 per month on a month-to-month basis. That equates
to a lease rate of $15.00 per square foot, market-based for a full-service
lease of this type in our current market. The terms and conditions will be
identical to the PMC lease.
o There are no tenant improvements required.
o The GVA brokerage fee ($1,250-$2,500 depending on total duration) is
being waived, and FRM is not represented by a broker.
Conclusion:
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 22 of 143
Terri Briere, Council President
Members of Renton City Council
Page 2 of 2
May 4, 2011
c:\documents and settings\dwagner.renton\local settings\temporary internet
files\content.outlook\cslqsmj4\issuepaperpmclease.doc
Approving this Lease provides additional cash flow for the operation of the City’s Leased
Properties Fund 108 while maintaining flexibility for potential future City space needs.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Krisi Rowland, Senior Finance Analyst
Larry Warren, City Attorney
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 23 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 24 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 25 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 26 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 27 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 28 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 29 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 30 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 31 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 32 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 33 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 34 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 35 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 36 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 37 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 38 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 39 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 40 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 41 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 42 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 43 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 44 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 45 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 46 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 47 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 48 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 49 of 143
6d. ‐ Community Services Department recommends approval of a lease
with Curt Tiedeman, an individual dba First Rate Mortgage, for Suite 410 Page 50 of 143
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Reclassification of HR Analysts
Meeting:
Regular Council - 16 May 2011
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Human Resources
Staff Contact:
Nancy A. Carlson, Administrator
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required:
$ n/a Transfer Amendment: $
Amount Budgeted: $ n/a (covered by the current
budget)Revenue Generated: $
Total Project Budget:
$ City Share Total Project: $
SUMMARY OF ACTION:
During the past two years, HRRM has experienced several staffing changes that resulted in the
need to redistribute and reorganize duties and responsibilities of several staff members. The first
part of the reorganization included downgrading an HR Analyst position to an HR Assistant. The
second part of the reorganization included distributing many of the HR Manager's functions to the
remaining Analysts. In light of these final changes, the HRRM Administrator recommends that the
current HR Analysts be reclassified to Senior HR Analysts.
The downgrade of the HR Analyst position resulted in a savings of $22,320 annually. The cost of
the reclassifications will be $7,200 for both positions. No additional funding will be required for this
action.
STAFF RECOMMENDATION:
Approve the reclassification of two HR Analysts to Senior HR Analysts.
6e. ‐ Human Resources and Risk Management Department recommends
approval of the reclassification of two Human Resources Analysts Page 51 of 143
HUMAN RESOURCES
AND RISK MANAGEMENT
M E M O R A N D U M
DATE:May 16, 2011
TO:Terri Briere, President, Renton City Council
Renton City Councilmembers
FROM:Nancy Carlson, Administrator
SUBJECT:Reclassification Request for HR Analysts
ISSUE:
Should the City Council reclassify the two current HR Analysts, salary grade m20, to Senior HR
Analysts, salary grade m22?
BACKGROUND:
Since my start as the Department Administrator, I have made several changes with respect to
assigned duties and responsibilities. When I first began in 2008, the three HR Analysts were
primarily assigned to recruitment and selection responsibilities. Benefits were handled by a
Senior HR Analyst. The HR Manager, together with the Administrator, covered most other
disciplines such as compensation surveys, classification analysis, labor relations, employee
relations, harassment investigations, etc.
Realizing that we had very little “bench strength” in these latter disciplines, within a year I
began assigning the HR Analysts to other duties. One was assigned to review all reclassification
requests that occur on an annual basis. All three were assigned to participate in the
negotiations process as “note takers.” One was trained in harassment investigations and began
doing investigations involving unlawful harassment, discrimination, and retaliation as well as
employee misconduct.
In the past two years, HRRM has seen dramatic changes in staff and staffing. In 2010 we were
required to eliminate two positions: one Risk Analyst and one Secretary II. To compensate for
the loss of the Risk Analyst, the HR Technician, Colleen Shannon, who handled non-regular
employment, accounts payable, educational tracking, background checks, etc., was moved into
a Risk Management Technician position. The Secretary II position had provided support for the
three HR Analysts and also covered the front desk. After the Risk Analyst and Secretary II
positions were eliminated, it was decided that we could not let the HR reception/front desk
area remain vacant, and therefore support staff and the HR Analysts rotated front desk
coverage on a daily basis. We also did a major shifting of work of all support staff and the HR
Analysts.
6e. ‐ Human Resources and Risk Management Department recommends
approval of the reclassification of two Human Resources Analysts Page 52 of 143
Renton City Councilmembers
May 16, 2011
p. 2
In November of 2010, one of the HR Analysts was promoted to a position with SCORE and then
in January of 2011, two of our long term employees retired. The loss of the HR Analyst and the
retirement of the Sr. Benefits Analyst and the HR Manager prompted another major shift in
duties and responsibilities.
We had functioned for a year without permanent coverage at the front desk, and we were able
to determine that rotation of the staff simply did not work. The many distractions that come
with “walk-in” traffic, the phone calls, and the fact that the Analysts were constantly pulled
away due to meetings and other commitments resulted in a decision to re-classify the vacant
Analyst position to a lower level HR Assistant. However, the biggest shift of duties came with
the reassignment of the HR Manager’s duties. Eileen Flott had been with the HRRM
Department for 14 years. Many of the duties for which she was responsible had been assigned
to her years earlier when the City was much smaller and there were fewer employees in Human
Resources.
In looking at Eileen’s responsibilities, it was my opinion that some of the work she was doing
could be handled by a Sr. HR Analyst; specifically, the functions of Position Control and Chief
Examiner for the Civil Service Commission. These duties were reassigned to the two remaining
Analysts in November of 2010. Other regular duties, such as the AWC survey, monthly
organization chart updates, lateral police officer retirement, DOT drug testing program, and
several others were also transferred to the remaining HR Analysts and other support staff in
preparation for Eileen’s retirement.
The Department is aware that the appropriate time for a reclassification request would have
been at the time we requested that the HR Analyst be reclassified to an HR Specialist (January
2011). However, due to loss of staff and a heavy workload this request for promotion simply
was not completed. I am requesting that these staffing changes be considered at this time.
These promotions will not require additional funding in the 2010 – 2012 budget. The Analyst
position that was downgraded from an m20 to an n11, resulted in a savings of $22,320 for each
year. The annual cost for the promotions will be $3,600 per year per employee, or $7,200 for
both.
RECOMMENDATION:
In recognition of the increased responsibilities currently being performed by Janelle Tarasewicz
and Brian Sandler, due to the reorganization of the department, HRRM recommends that both
employees be reclassified to Senior HR Analysts, effective March 1, 2011.
6e. ‐ Human Resources and Risk Management Department recommends
approval of the reclassification of two Human Resources Analysts Page 53 of 143
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 AGREEMENT WITH
THURSTON COUNTY ENTITLED INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT.
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation between governmental
agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the
intergovernmental disposition of property; and
WHEREAS, the parties desire to utilize each other's procurement agreements when it is
in their mutual interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with Thurston County entitled Interlocal Cooperative Purchasing
Agreement.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
8a. ‐ Interlocal cooperative purchasing agreement with Thurston County
(See 6.b.)Page 54 of 143
RESOLUTION NO.
APPROVED BY THE MAYOR this day of , 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1505:5/5/ll:scr
Denis Law, Mayor
8a. ‐ Interlocal cooperative purchasing agreement with Thurston County
(See 6.b.)Page 55 of 143
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION ESTABLISHING A SISTER CITY AFFILIATION POLICY FOR THE CITY
OF RENTON, WASHINGTON.
WHEREAS, the citizens of Renton have demonstrated a desire to learn more about the
people of other cultures, and to enhance international communication and understanding; and
WHEREAS, the citizens of Renton wish to participate in cultural, educational, sports,
technical, governmental and economic exchanges to increase their knowledge of the diversity
in the world and in their community; and
WHEREAS, it is desirable to provide the citizens of Renton with an opportunity to give
service to and derive benefit from a community project of international scope; and
WHEREAS, it is desirable to encourage international trade and tourism between Renton
and its sister cities; and
WHEREAS, selection of sister city affiliations should be made in a thoughtful manner to
assure productive and mutually beneficial relationships; and
WHEREAS, any sister city relationship should be based upon common interests and
characteristics important to both Renton and the sister city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The City of Renton seeks international relationships which will enhance
its citizens' understanding of other cultures and, to that end, hereby establishes the following
criteria for sister city selection and guidelines for conduct of the sister city program.
8b. ‐ Sister Cities Affiliation Policy (See 7.a.)
Page 56 of 143
RESOLUTION NO.
Section 1. STATEMENT OF OBJECTIVES
The City will support and encourage the establishment of sister city affiliations which serve the
following objectives:
A. To provide for increased awareness of, and sensitivity to, cultural diversity;
B. To increase citizens' opportunities for social, cultural, and educational
enrichment;
C. To enhance citizens' economic well-being by developing opportunities for trade
and tourism;
D. To share expertise in solving municipal problems.
Section 2. SELECTION CRITERIA
To address the above goals and objectives, affiliations will be considered with the following
characteristics:
A. Strong community support for the sister city bond, including the existence of an
organization able to work closely with the City;
B. Similarity to the City of Renton in terms of size, geographic or demographic
characteristics, historical development, or proximity to a major urban center;
C. A strong educational system, or a demonstrated commitment to serving the
educational needs of its citizens;
D. Humanitarian concerns, shared by the people of Renton, for the health and well-
being of all individuals and families;
E. An interest in sharing views and information on issues of governance and citizen
participation in government;
F. An interest in developing business and economic ties in Renton;
G. A national political climate consistent with the interest of the United States.
Section 3. GUIDELINES FOR CONDUCT
To assure that the Renton Sister Cities Program is conducted in a manner consistent with the
public interest and in accordance with the laws of the State of Washington, and the laws and
policies of the City of Renton, the following guidelines are hereby prescribed:
8b. ‐ Sister Cities Affiliation Policy (See 7.a.)
Page 57 of 143
RESOLUTION NO.
A. Through its sister cities program, the City of Renton carries out a fundamental
governmental purpose of providing social, cultural and educational services.
The City will, therefore, expend such funds as it may deem necessary and
appropriate to ensure the proper function of the sister cities program;
B. The City of Renton shall provide such staff support as is necessary to establish
and maintain communication with its sister cities;
C. A Sister City Association shall be duly and officially established as a non-profit
organization having authority to receive and disburse funds;
D. The City of Renton will encourage involvement by private citizens and
organizations in the implementation of this policy with the following guidelines:
(1) Sister city relationships can be initiated by citizens, members of the City
Council or by City staff. Each sister city relationship will be recognized by
the Renton City Council;
(2) Each sister city relationship will be organized into a separate committee
within the Sister City Association;
(3) The members of the committee should represent a cross section of
cultural and commercial interests. There should be a sister city
committee counterpart or like body in each affiliating city;
(4) Each sister city committee shall be responsible for providing funding for a
reasonable level of activities in order to maintain an effective and viable
program.
E. City funding of sister city activities will be limited to public purposes. Publicly
funded activities may include:
(1) Appropriate activities to receive public officials, or their delegates, when
visiting Renton on official sister city business;
(2) The exchange of information and materials which support the objective
of providing social, cultural and educational services, or economic benefit
to the public;
(3) The exchange of technical resources, when such an exchange serves the
objectives outlined in this policy, and is necessary to establish or
maintain the sister city affiliation.
8b. ‐ Sister Cities Affiliation Policy (See 7.a.)
Page 58 of 143
RESOLUTION NO.
F. Any funding for private purposes is prohibited;
G. Donation of a City asset, when the donation clearly serves a public purpose as
outlined in this policy, may be authorized by the Mayor, provided the recipient
is a public entity;
H. Non-perishable official gifts made to the City, its elected officials or staff
members, received in the course of sister city activities will be the sole property
of the City of Renton. The City will maintain an inventory of such gifts, and will
attempt to display them in appropriate public settings.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1461:3/21/ll:scr
8b. ‐ Sister Cities Affiliation Policy (See 7.a.)
Page 59 of 143
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, GRANTING
AUTHORITY FOR AN INTERFUND LOAN TO FUND 317, SW 27™ STREET/
STRANDER BOULEVARD CONNECTION PROJECT.
WHEREAS, RCW 43.09.200 provides that the State Auditor shall formulate, prescribe,
and install a system of accounting and reporting for all local governments; and
WHEREAS, such a system has been created and is known as the Budgeting, Accounting
and Reporting System (BARS); and
WHEREAS, the BARS manual at Part 3, Chapter 4, Section A, provides guidelines for
loans between City funds; and
WHEREAS, Resolution No. 3811 granted authority for temporary loans between City
funds; and
WHEREAS, Fund 317, SW 27th Street/ Strander Boulevard Connection Project, is in need
of a temporary loan to finish the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. An interfund loan of $700,000 is authorized for Fund 317 within the next
five years. The fund loan will be effective May 30, 2011, and will have an annual interest rate
of 2.25%.
8c. ‐ Interfund loan to Fund 317 ‐ SW 27th St./Strander Blvd. Connection
Project (See 7.e.)Page 60 of 143
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of. _, 2011
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. _,2011
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
RES:1501:4/26/ll:scr
8c. ‐ Interfund loan to Fund 317 ‐ SW 27th St./Strander Blvd. Connection
Project (See 7.e.)Page 61 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON
(17040 108™ AVENUE SE; FORMER FIRE STATION 13) FROM RESIDENTIAL-TEN
UNITS PER NET ACRE (R-10), TO RESIDENTIAL-FOURTEEN UNITS PER NET ACRE
(R-14), FILE NO. LUA11-007, ECF, R.
WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of
Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General
Ordinances of the City of Renton, Washington", as amended, and the maps and reports
adopted in conjunction therewith, the property herein below described in has heretofore been
zoned as Residential-Ten Units Per Net Acre (R-10); and
WHEREAS, the City initiated a proceeding for change of zoning classification of the
property; and
WHEREAS, this matter was duly referred to the Hearing Examiner for investigation,
study, and public hearing, and the public hearing having been held on or about April 19, 2011;
and
WHEREAS, this matter having been duly considered by the Hearing Examiner; and
WHEREAS, the zoning request being in conformity with the City's Comprehensive Plan,
as amended; and
WHEREAS, the Council having duly considered all matters relevant thereto, and all
parties having been heard appearing in support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
8a. ‐ Rezone of former Fire Station 13 property (See 6.c.)
Page 62 of 143
ORDINANCE NO.
SECTION I. The following property in the City of Renton is hereby rezoned to
Residential-Fourteen Units Per Net Acre (R-14) as specified below. The Administrator of the
Department of Community and Economic Development or designee is hereby authorized and
directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning,
to-wit:
See Attachment A, attached hereto and made a part hereof as if fully set forth.
(City-owned former Fire Station 13 site located at 17040 108th Avenue SE near SE
172nd Street.)
SECTION II. This ordinance shall be effective upon its passage, approval and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. _, 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
Denis Law, Mayor
Date of Publication:
ORD.1713:4/29/ll:scr
8a. ‐ Rezone of former Fire Station 13 property (See 6.c.)
Page 63 of 143
ORDINANCE NO.
ATTACHMENT A
LEGAL DESCRIPTION:
That portion of the Southeast quarter of Section 29, Township 23 North, Range 5 East, W. M., in
the City of Renton, King County, Washington, described as follows:
The north 100 feet of the west 230 feet of the south one-half (1/2) of the south one-half (1/2)
of the Northwest quarter of the Southeast quarter of said Section 29;
LESS the west 30 feet thereof for highway.
ATTACH MENT A- 1
8a. ‐ Rezone of former Fire Station 13 property (See 6.c.)
Page 64 of 143
ORDINANCE NO.
f^OK^iti^SWiS'^TjrewwwnUi^ii^fSrSisiwiJJi
MsSUf<w!wr &•&» JltetmF ri»w P 1(1 wfi IJ iwxyMlP m«J Former Fire Station 13 - Rezone from R-10 to R-14
|<,*T.-.1. 2011
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Zoning Designations
CA Commercial Artaial
R-lO Resieeiifal - 10 DlMC
R-14 Resicwifel - 14 DlMC
R-8 Residents - 8 DU.'AC
ATTACH ME NT A-2
8a. ‐ Rezone of former Fire Station 13 property (See 6.c.)
Page 65 of 143
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Page 70 of 143
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Page 72 of 143
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Page 73 of 143
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Page 74 of 143
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Page 76 of 143
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Page 77 of 143
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Page 78 of 143
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Page 79 of 143
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Page 80 of 143
8
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Page 81 of 143
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Page 82 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-2 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE),
AND SECTION 4-4-100 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT
STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", BY REDUCING THE ALLOWED SIZE OF POLITICAL SIGNS,
LENGTHENING THE TIME IN WHICH POLITICAL SIGNS BE CAN DISPLAYED,
MAKING VIOLATIONS OF THE REQUIRED REMOVAL PERIOD OF POLITICAL
SIGNS CIVIL CODE VIOLATIONS AND ESTABLISHING PENALTIES. r -»
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 1-3-2B.6, "Penalties", of Chapter 3, Remedies and Penalties,
of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended as follows:
6. "Penalties" are any monetary recovery or reimbursement including,
but are not limited to, fees and/or assessments. Penalties shall accrue for each
day or portion thereof that each violation occurs. A Violator may be responsible
for multiple penalties for each violation.
Each day that a violation exists shall constitute a separate violation
subject to separate penalties except for violations of the sign code, per RMC 4-4-
100, Signs, or violations constituting a noise disturbance, per RMC 8-7, Noise
Level Regulations. See RMC 1-3-2P.5-6, Penalties.
8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
Page 83 of 143
ORDINANCE NO.
SECTION II. Subsection 1-3-2P, Penalties, of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City
of Renton, Washington", is hereby amended as follows:
P. Penalties: The penalties shall be as so defined in Subsection B6 of this
Section.
1. The minimum penalty for the first violation shall be five one hundred
dollars ($£100), not including costs or court costs, fees, and assessments.
2. The minimum penalty for the second violation of the same nature or a
continuing violation shall be seven- two hundred fifty dollars ($75-200), not
including costs or court costs, fees, and assessments.
3. The minimum penalty for the third violation of the same nature or a
continuing violation shall be one thousand three hundred dollars ($4^0300), not
including costs or court costs, fees, and assessments.
4. After three (3) prior violations, whether they occurred at the same time
or in succession, the fourth violation shall constitute a gross misdemeanor. The
Administrator and/or CCI has the authority to submit the violations to the
prosecutor for criminal prosecution as provided in RMC 1-3-3E.
a. The criminal offense shall be for failing to eliminate a violation after a
Finding of Violation or after a confirmation or modification of a Finding of
Violation.
b. The prosecutor's burden is to prove beyond a reasonable doubt as to
any Violator cited that in the City of Renton:
8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
Page 84 of 143
ORDINANCE NO.
i. The Violator has had three (3) prior violations under this Section
of the Code; and
ii. The prior convictions were within the last ten (10) years. Time
served in jail is not excluded from the ten (10) year period.
c. If a Violator/Defendant is found guilty beyond a reasonable doubt,
the Violator/Defendant shall serve no less than five (5) days in jail for the first
conviction, no less than ten (10) days for the second conviction, and no less than
thirty (30) days for any subsequent conviction.
d. A Violator/Defendant shall not be eligible for Electronic Home
Detention or any other alternative to jail time.
e. A Violator/Defendant shall remain responsible for the RMC civil code
violation penalties and/or any costs, not including the cost of prosecution.
5. For violations of the sign code, as set forth in RMC 4-4-100, Signs, the
monetary penalty for each violation shall be one hundred dollars ($100) per sign
up to ten thousand dollars ($10,000).
6. For violations of the sign code, as set forth in RMC 8-7, Noise Level
Regulations, the monetary penalty for each violation shall be two hundred fifty
dollars ($250) per violation up to ten thousand dollars ($10,000).
7. The payment of a monetary penalty pursuant to this Section does not
relieve a person of the duty to correct the violation as requested by the CCI or as
ordered by the Administrator. The payment of a monetary penalty does not
8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
Page 85 of 143
ORDINANCE NO.
prevent the City from asserting that the violation continues to exist or from
asserting that a new violation has been found.
68. It shall be a misdemeanor to impede, delay, obstruct or interfere with
the City's employees or agents designated to perform the abatement. Any
physical efforts to impede, delay, obstruct, or interfere with City employees or
agents will be forwarded to the prosecutor for appropriate criminal filing.
Nothing in this Section is intended to limit or prevent the pursuit of any other
remedies or penalties permitted under the law, including criminal prosecution.
SECTION III. Subsection 4-4-100B.6.m, Political Signs, of Chapter 4, City-Wide Property
Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington", is hereby amended as
follows:
m. Political Signs: Political signs less than twelve (12) thirty-two (32)
square feet on one face as herein defined.
SECTION IV. Subsection 4-4-100J.4.C, Removal Required, of Chapter 4, City-Wide
Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
as follows:
c. Removal Required: Each political sign shall be removed within tew
fourteen (104) days following an election, by the candidates or candidate's
representative except that the successful candidates of a primary election may
keep their signs on display until ien fourteen (104) days after the general
8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
Page 86 of 143
ORDINANCE NO.
election, at which time they shall be promptly removed. After ten fourteen (1Q4)
days the City may pick up and dispose of remaining signs. Violation or failure to
comply with the provisions of this section shall subject the offender to RMC 1-3-
2, Code Enforcement and Penalties.
SECTION V. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this ^_^ day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
Denis Law, Mayor
ORD:1702:5/5/ll:scr
8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (See 7.c.)
Page 87 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4-8-100C OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, AND
SECTION 4-11-090 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING
PROVISIONS TO TITLE IV TO ALLOW EXPIRATION OF INACTIVE INCOMPLETE
AND COMPLETE APPLICATIONS. £>-££}
WHEREAS, current regulations do not provide for expiration of applications that are
inactive; and
WHEREAS, vesting to development standards is obtained the date an application is
determined to be complete and such vesting is maintained in perpetuity; and
WHEREAS, many complete land use applications have become inactive and maintained
inactivity for many years, resulting in applications that could be re-activated and maintain
vesting to older codes and regulations; and
WHEREAS, the City Council has amended the development regulations numerous times
in the past to maintain consistency with the Comprehensive Plan, new policy direction, and a
changing City; and
WHEREAS, the City seeks to amend Title IV to permit the expiration of inactive land use
applications after official notice and ample time has been provided to the project applicant; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation,
study, and the matter having been duly considered by the Planning Commission, and the zoning
text amendment request being in conformity with the City's Comprehensive Plan, as amended;
and
8d. ‐ Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
Page 88 of 143
ORDINANCE NO.
WHEREAS, the Planning Commission held a public hearing on March 16, 2011, having
duly considered all matters relevant thereto, and all parties having been heard appearing in
support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-8-100C, Letter of Completeness, of Chapter 8, Permits -
General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington", is hereby amended as
follows:
C. LETTER OF COMPLETENESS:
1. Timing: Within twenty eight (28) days after receipt of an application, the
Department of Community and Economic Development Services Division shall
provide a written determination that the application is deemed complete or
incomplete according to the submittal requirements as listed in RMC 4-8-120A, B
or C, and any site-specific information identified after a site visit. In the absence
of a written determination, the application shall be deemed complete.
2. Applications Which are Not Complete:
a. Notice of Incomplete Application: If an application is determined
incomplete, the necessary materials for completion shall be specified in writing
to the contact person and property owner.
b. Notice of Complete Application or Request for Additional
Information: Within fourteen (14) days of submittal of the information specified
8d. ‐ Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
Page 89 of 143
ORDINANCE NO.
as necessary to complete an application, the applicant will be notified whether
the application is complete or what additional information is necessary. The
maximum time for resubmittal shall be within ninety (90) days of written notice.
c. Time Extensions: In such circumstances where a project is complex or
conditions exist that require additional time, the Administrator of the
Department of Community and Economic Development or designee may allow
the applicant, contact person and/or property owner additional time to provide
the requested materials. When granted, extension approvals shall be provided in
writing.
3. Additional Information May Be Requested: A written determination of
completeness does not preclude the Department of Community and Economic
Development Services Division from requesting supplemental information or
studies, if new information is required to complete review of an application or if
significant changes in the permit application are proposed. The Department of
Community and Economic Development Services Division may set deadlines for
the submittal or supplemental information.
4. Expiration of Complete Land Use Applications: Any land use application
type described in Section 4-8-080 that has been inactive and an administrative
decision has not been made or has not been reviewed by the Hearing Examiner
in a public hearing shall become null and void six (6) months after a certified
notice is mailed to the applicant, contact person and property owner, unless
8d. ‐ Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
Page 90 of 143
ORDINANCE NO.
other time limits are prescribed elsewhere in the Renton Municipal Code or
other Codes adopted by reference.
5. Extension of Complete Application: A one (1) time, one (1) year
extension may be granted if a written extension request is submitted prior to the
expiration date identified in the certified notice and the applicant, contact
person or property owner(s) has demonstrated due diligence and reasonable
reliance towards project completion. In consideration of due diligence and
reasonable reliance the Administrator of the Department of Community and
Economic Development or designee shall consider the following:
a. Date of initial application;
b. Time period the applicant had to submit required studies:
c. Availability of necessary information;
d. Potential to provide necessary information within one (1) year;
e. Applicant's rationale or purpose for delay; and
f. Applicant's ability to show reliance together with an expectation that
the application would not expire.
SECTION II. Section 4-11-090, Definitions I, of Chapter 11, Definitions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended to add a definition for "Inactive Application",
to read as follows:
INACTIVE APPLICATION: A submittal for a land use permit in which the applicant
has not provided requested documentation within the time period identified
8d. ‐ Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
Page 91 of 143
ORDINANCE NO.
through written communication, or there has been no communication or action
from the applicant for a period of ninety (90) days. Such time limit shall not
apply in the event the delay is caused by the City.
SECTION III. This ordinance shall be effective upon its passage, approval and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1704:4/28/ll:scr
Denis Law, Mayor
8d. ‐ Inactive Land Use Application ‐ Title IV Docket #D‐59 (See 7.c.)
Page 92 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-080 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY DELETING
SUBSECTION RMC 4-1-080F WHICH ALLOWS FOR EXTENSION OF THE PERIOD
OF VALIDITY FOR LAND USE AND SUBDIVISION APPROVALS. «% / y
WHEREAS, the City recognizes that in 2009 and 2010 certain projects with land use
approvals were in danger of expiration due to the difficulty of obtaining financing for
construction; and
WHEREAS, the City's extension was approved until December 31, 2010, unless extended
by the City Council; and
WHEREAS, the City recognizes that the 2010 Washington State Legislature approved a
similar two-year extension of plats effective June 10, 2010, which sunsets December 31, 2014;
and
WHEREAS, this matter was duly referred to the Planning Commission for investigation,
study, and the matter having been duly considered by the Planning Commission, and the zoning
text amendment request being in conformity with the City's Comprehensive Plan, as amended;
and
WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having
duly considered all matters relevant thereto, and all parties having been heard appearing in
support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
8e. ‐ Extension Approvals ‐ Title IV Docket #D‐62 (See 7.c.)
Page 93 of 143
ORDINANCE NO.
SECTION I. Subsection 4-1-080.F, Extension of Period of Validity for Land Use and
Subdivision Approvals, of Chapter 1, Administration and Enforcement, of Title IV (Development
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington", is hereby deleted.
SECTION II. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1711:4/21/ll:scr
8e. ‐ Extension Approvals ‐ Title IV Docket #D‐62 (See 7.c.)
Page 94 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-2-130 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTION
4-4-080 OF CHAPTER 4, CITY-WIDE PROPERTY REGULATIONS, AND SECTION 4-
11-040 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) AND SECTION 9-10-11 OF CHAPTER 10, STREET EXCAVATIONS,
OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY
REMOVING THE TERM "DOWNTOWN CORE" FROM THE RENTON MUNICIPAL
CODE AND REPLACING IT WITH "CENTER DOWNTOWN ZONE", JX „ Q -?
WHEREAS, the term "Downtown Core" is still used in a limited number of places in the
Renton Municipal Code; and
WHEREAS, the Council adopted Ordinance 5357 in 2008, which amended the
development regulations for Renton's downtown and eliminated the "Downtown Core"
overlay; and
WHEREAS, in Ordinance 5357 the term "Center Downtown Zone" replaced the term
"Downtown Core"; and
WHEREAS, the Planning Commission held a public hearing on this issue on March 16,
2011; and
WHEREAS, this change does not affect the goal or policies of the Comprehensive Plan;
and
WHEREAS, clean-up of the remaining references to the "Downtown Core" would ensure
consistency in the Renton Municipal Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (See 7.c.)
Page 95 of 143
ORDINANCE NO.
SECTION I. Subsection 4-2-130B.13.a of subsection 4-2-130B, Conditions Associated
With Development Standards Table For Industrial Zoning Designations, of Chapter 2, Zoning
Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
as follows:
a. When abutting a public street, 1 additional foot of height for each
additional 1-1/2' of perimeter building setback beyond the minimum street
setback required at street level unless such setbacks are otherwise discouraged
(e.g., inside the Center Downtown €e*e Area in the CD Zone);
SECTION II. Subsection 4-4-080F.10.e, Parking Spaces Required Based on Land Use, of
Chapter 4, City-Wide Property Development Regulations, of Title IV (Development Regulations)
of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington", is hereby amended so the table heading "Commercial Activities Within the
Center Downtown Core Zone" is revised as follows:
COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN €ORE ZONE:
SECTION III. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended so the definition of "Downtown Core Area" is
deleted.
SECTION IV. Subsection 9-10-11F.6, Removal of Utility Locate Marking From Sidewalks
Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance
8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (See 7.c.)
Page 96 of 143
ORDINANCE NO.
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended as follows:
6. Removal of Utility Locate Markings from Sidewalks Required: The
permittee will be required to remove utility locate marks on sidewalks only
within the Center Downtown Core Aroa Zone. The permittee shall remove the
utility locate marks within 14 days of job completion.
SECTION V. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of. _, 2011.
APPROVED BY THE MAYOR this
Bonnie I. Walton, City Clerk
day of _ ., 2011.
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1701:4/21/ll:scr
8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (See 7.c.)
Page 97 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-8-110 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A
REFERENCE TO RCW 43.21.075. f3-(#4
WHEREAS, the City has consolidated its land use review process to allow for one open
record appeal hearing consistent with state law; and
WHEREAS, the City wishes to clarify code language to ensure that the state law is
referenced; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation,
study, and the matter having been duly considered by the Planning Commission, and the zoning
text amendment request being in conformity with the City's Comprehensive Plan, as amended;
and
WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having
duly considered all matters relevant thereto, and all parties having been heard appearing in
support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-8-110C.8, Limit on Number of Appeals, of Chapter 8,
Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
as follows:
8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV
Docket #D‐64 (See 7.c.)Page 98 of 143
ORDINANCE NO.
8. Limit on Number of Appeals: Per RCW 43.21.075,T-the City has
consolidated the permit process to allow for only one (1) open record appeal of
all permit decisions associated with a single development application.
There shall be no more than one (1) appeal on a procedural determination or
environmental determination such as the adequacy of a determination of
significance, nonsignificance, or of a final environmental impact statement.
Any appeal of the action of the Hearing Examiner in the case of appeals from
environmental determinations shall be joined with an appeal of the substantive
determination.
SECTION II. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2011.
Denis Law, Mayor
8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV
Docket #D‐64 (See 7.c.)Page 99 of 143
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1710:4/21/ll:scr
8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV
Docket #D‐64 (See 7.c.)Page 100 of 143
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
6-6-9, OF CHAPTER 6, ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY CHANGING THE
APPELLATE BODY FROM THE MUNICIPAL COURT TO THE HEARING EXAMINER.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 6-6-9A, Confiscation, of Chapter 6, Animals and Fowl at Large,
of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of
the City of Renton, Washington", is hereby amended as follows:
A. Confiscation: Any dog alleged to be dangerous shall be confiscated, as
soon as practical, by an animal control authority, subject to hearing and appeal
pursuant to subsection B of this section. The dog alleged to be dangerous shall
be placed in quarantine for a maximum often (10) business days after mailing or
publishing of a notice of the City's intent to have the dog declared dangerous, to
allow the owner time to comply with the appeal requirements of this chapter. If
the owner does not appeal, or after denial of the appeal affirming that the dog is
dangerous, the decision is not appealed to the Municipal Court Hearing
Examiner, or the dog is not moved to a legal location outside of the City, the dog
shall be immediately destroyed in an expeditious and humane manner. Costs of
this procedure shall be assessed against the owner or keeper of the dangerous
dog.
8h. ‐ Dangerous dogs appeal process code amendment (See 7.d.)
Page 101 of 143
ORDINANCE NO.
Any dog previously determined to be dangerous is subject to immediate
confiscation and destruction after seventy-two (72) hours.
SECTION II. Subsection 6-6-9B.5 of subsection 6-6-9B, Hearing And Appeal Procedure,
of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
as follows:
5. The owner may appeal the Police Chiefs (or his/her designee's) final
determination that the dog is dangerous to the Municipal Court Hearing
Examiner. The Municipal Court Hearing Examiner shall sit in an appellate
capacity only, the record being limited to the materials considered by the Police
Chief or his/her designee. The decision of the Municipal Court Hearing Examiner
is not subject to appeal.
SECTION III. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of ,2011.
Denis Law, Mayor
8h. ‐ Dangerous dogs appeal process code amendment (See 7.d.)
Page 102 of 143
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1703:3/24/ll:scr
8h. ‐ Dangerous dogs appeal process code amendment (See 7.d.)
Page 103 of 143
s/ , • S-9-W1I
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
8-4-46 OF CHAPTER 4, WATER, AND SECTION 8-5-23 OF CHAPTER 5, SEWERS,
OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY
MODIFYING CERTAIN PROVISIONS THAT ALLOW FOR BILLING ADJUSTMENTS
FOR WATER LEAKS.
WHEREAS, water is a scarce commodity that cannot be renewed and prompt repairs of
water leaks help to preserve the City's water supply and reduce the production cost of a water
utility; and
WHEREAS, the City adopted Ordinance 5210 in June 2006 allowing for billing
adjustments for water leaks under certain circumstances; and
WHEREAS, the provisions are codified under RMC 8-4-46 for water and 8-5-23 for
wastewater; and
WHEREAS, after reviewing current practices in carrying out these policy provisions, the
Council desires to modify certain sections thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsections 8-4-46A and 8-4-46B of section 8-4-46, Water Billing
Adjustment For Water Leak, of Chapter 4, Water, of Title VIII (Health and Sanitation) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
are hereby amended as follows:
A. The City will process and grant no more than one (1) water billing
adjustment for water leaks on the customers' side of the water meter per water
8a. ‐ Water leak billing adjustment code amendment (1st reading
5/9/2011)Page 104 of 143
ORDINANCE NO.
service connection every five (5) years. Adjustments will be calculated over the
billing periods when the water leak occurred, up to a maximum of two (2) billing
periods (four (4) months) regular meter reading cycles. No leak adjustments will
be granted for irrigation systems, frozen connections or pipes, leaky toilets, boat
docks, pools, fountains, ponds, other outdoor decorative water features or hot
tubs.
B. A written request for a water billing adjustment must be submitted to
Utility Billing Customer Service within sixty (60) days of discovery of the water
leak and/or sixty (60) days of receipt of the billing that covers the time period
whon the a notice from the City regarding high water consumption and that a
water leak might have occurred. The written request must include the service
address, billing periods over which the leak occurred, location of the leak and a
copy of the repair receipt and/or a description of the completed repair.
Exception to the timely submittal of an adjustment request may be made if the
Finance and Information Technology Department Administrator or designee
determines that the applicant has made good faith effort to effect the necessary
repairs, or the repairs cannot be performed due to other extraneous
circumstances that cannot be controlled by the applicant.
SECTION II. Subsections 8-5-23A and 8-5-23B of section 8-5-23, Wastewater Billing
Adjustment For Water Leak, of Chapter 5, Sewers, of Title VIII (Health and Sanitation) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
are hereby amended as follows:
8a. ‐ Water leak billing adjustment code amendment (1st reading
5/9/2011)Page 105 of 143
ORDINANCE NO.
A. The City will process and grant no more than one (1) wastewater billing
adjustment for water leaks on the customers' side of the water meter per water
service connection every five (5) years. Adjustments will be calculated over the
billing periods when the water leak occurred, up to a maximum of two (2) billing
periods (four (4) months) regular meter reading cycles. No leak adjustments will
be granted for irrigation systems, frozen connections or pipes, leaky toilets, boat
docks, pools, fountains, ponds, other outdoor decorative water features or hot
tubs.
B. A written request for a wastewater billing adjustment must be submitted
to Utility Billing Customer Service within sixty (60) days of discovery of the leak
and/or sixty (60) days of receipt of tho billing that covers the timo period when
the a notice from the City regarding high water consumption and that a water
leak might have occurred. The written request must include the service address,
billing periods over which the water leak occurred, location of the leak, a copy of
the repair receipt and/or a description of the completed repair, and
documentation that the leaked water did not enter the sanitary sewer system.
Exception to the timely submittal of an adjustment request may be made if the
Finance and Information Technology Department Administrator or designee
determines that the applicant has made good faith effort to effect the necessary
repairs, or the repairs cannot be performed due to other extraneous
circumstances that cannot be controlled by the applicant.
8a. ‐ Water leak billing adjustment code amendment (1st reading
5/9/2011)Page 106 of 143
ORDINANCE NO.
SECTION III. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of. _, 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of. . 2011.
Approved as to form:
Denis Law, Mayor
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1709:4/19/ll:scr
8a. ‐ Water leak billing adjustment code amendment (1st reading
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Revised 5-6-2011
Agenda Items 8 & 9
5/9/2011
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CITY OF RENTON, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2011A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL
OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED $18,000,000 TO FINANCE ALL OR A PORTION OF
THE COSTS OF ACQUIRING LAND FOR AND CONSTRUCTING,
IMPROVING AND EQUIPPING TWO NEW PUBLIC LIBRARY
FACILITIES AND REPAIRING, RENOVATING AND IMPROVING
EXISTING LIBRARY FACILITIES; PROVIDING THE FORM AND
TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO
APPROVE THE FINAL TERMS OF THE BONDS.
PASSED: MAY 16, 2011
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
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Revised 5-6-2011
Agenda Items 8 & 9
5/9/2011
CITY OF RENTON
ORDINANCE NO.
TABLE OF CONTENTS*
Page
Section 1. Definitions and Interpretation of Terms 2
Section 2. Authorization of the Projects 7
Section 3. Authorization of Bonds and Bond Details 7
Section 4. Registration, Exchange and Payments 8
Section 5. Redemption Prior to Maturity and Purchase of Bonds 13
Section 6. Form of Bonds 17
Section 7. Execution of Bonds 19
Section 8. Application of Bond Proceeds 20
Section 9. Tax Covenants 21
Section 10. Bond Fund and Provision for Tax Levy Payments 23
Section 11. Defeasance 24
Section 12. Sale of Bonds 25
Section 13. Bond Insurance 27
Section 14. Undertaking to Provide Ongoing Disclosure 28
Section 15. Lost, Stolen or Destroyed Bonds 32
Section 16. Severability; Ratification 33
Section 17. Effective Date of Ordinance 33
This Table of Contents is provided for convenience only and is not a part of this ordinance.
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL
OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED $18,000,000 TO FINANCE ALL OR A PORTION OF
THE COSTS OF ACQUIRING LAND FOR AND CONSTRUCTING,
IMPROVING AND EQUIPPING TWO NEW PUBLIC LIBRARY
FACILITIES AND REPAIRING, RENOVATING AND IMPROVING
EXISTING LIBRARY FACILITIES; PROVIDING THE FORM AND
TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO
APPROVE THE FINAL TERMS OF THE BONDS.
WHEREAS, pursuant to Ordinance No. 5479 of the City Council (the "Council") of the
City of Renton, Washington (the "City"), adopted on August 3, 2009, the City stated its intent
to join the King County Library System ("KCLS") and called for an election to be held within the
City on February 9, 2010; and
WHEREAS, the number and proportion of the qualified electors required by law for the
adoption thereof voted in favor of a proposition authorizing the annexation of the City into the
KCLS; and
WHEREAS, pursuant to the terms of an Interlocal Agreement between the City and
KCLS, the City has agreed to acquire land, finance costs related to the construction of two
public library facilities, and lease the land to KCLS, and KCLS has agreed to own, operate and
maintain the public library facilities under the terms of a long-term lease agreement; and
WHEREAS, the City desires to repair, renovate and improve existing library facilities for
other public uses; and
WHEREAS, it is hereby found to be in the best interest of the City to provide financing
for all or a portion of the costs of acquiring land for and constructing, improving and equipping
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two new public library facilities and to use the remaining funds, if available, for repairing,
renovating and improving existing libraries for other public uses (the "Projects"); and
WHEREAS, the City is authorized by chapters 35A.40 and 39.46 RCW to borrow money
and issue general obligation bonds to finance the costs of the Projects; and
WHEREAS, the City now desires to construct the Projects and issue and sell such Limited
Tax General Obligation Bonds by negotiated sale to Seattle-Northwest Securities Corporation,
Seattle, Washington in the principal amount of not to exceed $18,000,000 (the "Bonds") to
finance costs of the Projects;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES
ORDAIN AS FOLLOWS:
Section 1. Definitions and Interpretation of Terms.
(a) Definitions. As used in this ordinance, the following words shall have the
following meanings:
Beneficial Owner means 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 means the "City of Renton Limited Tax General Obligation Bond Debt Service
Fund, 2011" authorized to be created pursuant to Section 10 of this ordinance.
Bond Insurance Policy means the municipal bond insurance policy, if any, issued by the
Insurer insuring the payment when due of the principal of and interest on the Bonds as
provided therein.
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Bond Purchase Contract means the contract for the purchase of the Bonds between the
Underwriter and City, executed pursuant to Section 12 of this ordinance.
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.
Bond Registrar means, initially, 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 interest on and principal of the Bonds.
Bond Year means each one-year period that ends on the date selected by the City. The
first and last Bond Years may be short periods. If no day is selected by the City before the
earlier of the final maturity date of the Bonds or the date that is five years after the date of
issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final
maturity date of the Bonds.
Bonds mean the City of Renton, Washington Limited Tax General Obligation Bonds,
Series 2011A issued pursuant to this ordinance.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing by virtue of the laws of the State of Washington.
Code means the Internal Revenue Code of 1986, as amended, and shall include all
applicable regulations and rulings relating thereto.
Commission means the Securities and Exchange Commission.
Council means the City Council as the general legislative authority of the City, as the
same shall be duly and regularly constituted from time to time.
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Designated Representative means the Mayor, the Chief Administrative Officer, or the
Finance Director of the City, or any successor to the functions of such office.
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 Section 4 of this ordinance.
Federal Tax Certificate means the certificate executed by the Designated
Representative setting forth the requirements of the Code for maintaining the tax exemption
of interest on the bonds.
Finance Director shall mean the City's Finance and Information Services Administrator
or the successor to such officer.
Government Obligations mean those obligations now or hereafter defined as such in
chapter 39.53 RCW.
Insurer means the municipal bond insurance company, if any, selected and designated
by the Designated Representative, pursuant to Section 13 of this ordinance, or any successor
thereto or assignee thereof, as issuer of a Bond Insurance Policy for all or a portion of the
Bonds.
Letter of Representations means the blanket issuer letter of representations from the
City to DTC.
MSRB means the Municipal Securities Rulemaking Board or any successors to its
functions.
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Net Proceeds, when used with reference to the Bonds, mean the principal amount of
the Bonds, plus accrued interest and original issue premium, if any, and less original issue
discount, if any.
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 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 minimis fee to cover custodial expenses.
Project Fund means the "Library Construction Fund" as described in Section 8 of this
ordinance.
Projects mean the capital projects described in Section 2 of this ordinance.
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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.
Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
Underwriter means Seattle-Northwest Securities Corporation, Seattle, Washington.
(b) Interpretation. In this ordinance, unless the context otherwise requires:
(1) 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;
(2) 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;
(3) 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;
(4) Any headings preceding the text of the several articles and 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; and
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(5) All references herein to "articles," "sections" and other subdivisions or
clauses are to the corresponding articles, sections, subdivisions or clauses hereof.
Section 2. Authorization of the Projects. The Bonds are being issued to finance all
or a portion of the costs of acquiring land for and constructing, improving and equipping two
new public library facilities and repairing, renovating and improving existing libraries for other
public uses (together, the "Projects"). Any remaining costs of the Projects shall be paid from
other City funds legally available for such purposes.
If the Council shall determine that it has become impractical to undertake or complete
any portion of the Projects by reason of changed conditions, the City shall not be required to
undertake or complete such portions of the Project. If the Projects have been completed or
duly provided for, or found to be impractical, the Council may apply the Bond proceeds or any
portion thereof to the redemption of the Bonds or to other capital purposes as the Council, in
its discretion, shall determine.
Section 3. Authorization of Bonds and Bond Details. For the purpose of paying the
costs of the Projects and paying costs of issuance of the Bonds, including, but not limited to,
the payment of the premium cost for a Bond Insurance Policy, if any, the City shall issue and
sell its limited tax general obligation bonds in the aggregate principal amount of not to exceed
$18,000,000 (the "Bonds").
The Bonds shall be general obligations of the City, shall be designated "City of Renton,
Washington, Limited Tax General Obligation Bonds, Series 2011A"; shall be dated as of their
date of delivery; shall be fully registered as to both principal and interest; shall be in the
denomination of $5,000 each, or any integral multiple thereof, provided that no Bond shall
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represent more than one maturity; shall be numbered separately in such manner and with any
additional designation as the Bond Registrar deems necessary for purposes of identification;
and shall bear interest from their date payable on the first days of each June and December,
commencing on December 1, 2011, at rates set forth in the Bond Purchase Contract; and shall
mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and
as approved by the Designated Representative pursuant to Section 12. The Bonds of any of the
maturities may be combined and issued as term bonds, subject to mandatory redemption as
provided in the Bond Purchase Contract.
Section 4. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system
of registration approved by the Washington State Finance Committee from time to time
through the appointment of 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 Finance Director upon prior notice to the Bond Registrar and a successor
Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond
Registrar shall be effective until a successor shall have been appointed and until the successor
Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or
exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out
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all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be
responsible for its representations contained in the Certificate of Authentication of the Bonds.
(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 14 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 4(h) hereof, but such Bond may be transferred as herein
provided. All such payments made as described in Section 4(h) 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
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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.
(1) 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 Finance Director pursuant to
subsection (2) below or such substitute depository's successor; or (C) to any person as provided
in subsection (4) below.
(2) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the Finance
Director to discontinue the system of book entry transfers through DTC or its successor (or any
substitute depository or its successor), the Finance Director may hereafter appoint a substitute
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depository. Any such substitute depository shall be qualified under any applicable laws to
provide the services proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1)
above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written
request on behalf of the 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 Finance Director.
(4) In the event that (A) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the Finance Director determines 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 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 on behalf of the
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 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
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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 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) Bond 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 a 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.
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(h) Place and Medium of Payment. Both principal of and interest on the Bonds shall
be payable in lawful money of the United States of America. Interest on the Bonds shall be
calculated on the basis of a year of 360 days and twelve 30-day months. 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 $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior
to the applicable payment date), such payment shall be made by the Bond Registrar by wire
transfer to the account within the United States designated by the Registered Owner. Principal
of the Bonds shall be payable upon presentation and surrender of such Bonds by the
Registered Owners at the principal office of the Bond Registrar.
Section 5. Redemption Prior to Maturity and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The
Bonds shall be subject to optional redemption on the dates, at the prices and under the terms
set forth in the Bond Purchase Contract approved by the Designated Representative pursuant
to Section 12 of this ordinance. The Bonds shall be subject to mandatory redemption to the
extent, if any, set forth in the Bond Purchase Contract and as approved by the Designated
Representative pursuant to Section 12 of this ordinance.
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(b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds
offered to it at anytime at a price deemed reasonable by the Designated Representative.
(c) Selection of Bonds for Redemption. 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 subsection (c). 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 the Bond 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 that only a portion of the principal sum
of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond
Registrar there shall be issued to the Registered Owner, without charge therefor, for the then
unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a
Bond or Bonds of like maturity and interest rate in any of the denominations herein
authorized.
(d) Notice of Redemption.
(1) Official Notice. For so long as the Bonds are held in uncertificated form,
notice of redemption (which notice may be conditional) shall be given in accordance with the
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operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar
will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are
no longer held in uncertificated form), notice of redemption shall be given in the manner
hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of
any such redemption (which redemption may be conditioned by the Bond Registrar on the
receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on
behalf of the City by mailing a copy of an official redemption notice by first class mail at least
20 days and not more than 60 days prior to the date fixed for redemption to the Registered
Owner of the Bond or Bonds to be redeemed at the address shown on the Register or at such
other address as is furnished in writing by such Registered Owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding 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.
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On or prior to any redemption date, the City shall deposit with the Bond Registrar an
amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds
which are to be redeemed on that date.
(2) Effect of Notice; Bonds Due. If an unconditional notice of redemption
has been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified, and from
and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon
surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be
paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to
the redemption date shall be payable as herein provided for payment of interest. All Bonds
which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice
shall be given by the City as set out below, but no defect in said further notice nor any failure
to give all or any portion of such further notice shall in any manner defeat the effectiveness of
a 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 20 days before the redemption date to each party entitled to receive
notice pursuant to Section 14 and to the Underwriter and with such additional information as
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the City shall deem appropriate, but such mailings shall not be a condition precedent to the
redemption of such Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 5, including but not limited to the information to be included in redemption notices
and the persons designated to receive notices, may be amended by additions, deletions and
changes in order to maintain compliance with duly promulgated regulations and
recommendations regarding notices of redemption of municipal securities.
Section 6. Form of Bonds. The Bonds shall be in substantially the following form:
[STATEMENT OF INSURANCE]
UNITED STATES OF AMERICA
NO. $
STATE OF WASHINGTON
CITY OF RENTON
LIMITED TAX GENERAL OBLIGATION BOND, SERIES 2011A
INTEREST RATE: % MATURITY DATE: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Renton, Washington (the "City"), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or registered assigns,
on the Maturity Date identified above, the Principal Amount indicated above and to pay
interest thereon from , 2011, or the most recent date to which interest has been
paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on December 1, 2011, and semiannually thereafter on the first days of each
succeeding June and December. Both principal of and interest on this bond are payable in
lawful money of the United States of America. 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"). For so long as the bonds of this issue are held in
fully immobilized form, payments of principal and interest thereon shall be made as provided
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in accordance with the operational arrangements of The Depository Trust Company ("DTC")
referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations")
from the City to DTC.
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and Ordinance No.
duly passed by the City Council on May 2, 2011 (the "Bond Ordinance"). Capitalized terms
used in this bond have the meanings given such terms 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 or on behalf of the Bond Registrar or its duly designated
agent.
This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and
date of maturity, except as to number and amount in the aggregate principal amount of
$ and is issued pursuant to the Bond Ordinance to provide funds (a) to pay all or a
portion of the cost of acquiring land for and constructing, improving and equipping two new
public library facilities, and repairing, renovating and improving existing libraries for other
public uses and (b) to pay costs of issuance.
The bonds of this issue are subject to redemption as provided in the Bond Ordinance
and the Bond Purchase Contract.
The City hereby irrevocably covenants and agrees with the owner of this bond that it
will include in its annual budget and levy taxes annually, within and as a part of the tax levy
permitted to the City without a vote of the electorate, upon all the property subject to taxation
in amounts sufficient, together with other money legally available therefor, to pay the principal
of and interest on this bond as the same shall become due. The full faith, credit and resources
of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and
the prompt payment of such principal and interest.
The bonds of this issue have not been designated by the City as "qualified tax-exempt
obligations" for investment by financial institutions under Section 265(b) of the Code.
The pledge of tax levies for payment of principal of and interest on the bonds may be
discharged prior to maturity of the bonds by making provision for the payment thereof on the
terms and conditions set forth in the Bond Ordinance.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done and performed
precedent to and in the issuance of this bond have happened, been done and performed and
that the issuance of this bond and the bonds of this issue does not violate any constitutional,
statutory or other limitation upon the amount of bonded indebtedness that the City may incur.
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IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be
executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of
the City imprinted, impressed or otherwise reproduced hereon as of this day of
, 2011.
[SEAL]
CITY OF RENTON, WASHINGTON
By /s/manual or facsimile
Mayor
ATTEST:
/s/ manual or facsimile
City Clerk
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially
the following form:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Bond Ordinance and is
one of the Limited Tax General Obligation Bonds, Series 2011A of the City of Renton,
Washington, dated , 2011.
WASHINGTON STATE FISCAL AGENCY, as
Bond Registrar
By
Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of
the City shall be impressed, imprinted or otherwise reproduced thereon.
Only such Bonds as shall bear thereon a Certificate of Authentication in the form
hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for
any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication
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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.
In case either of the officers who shall have executed the Bonds shall cease to be an
officer or officers of the City before the Bonds so signed 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 those who signed the same had continued to be such
officers of the City. Any Bond may be signed and attested on behalf of the City by such persons
who at the date of the actual execution of such Bond, are the proper officers of the City,
although at the original date of such Bond any such person shall not have been such officer of
the City.
Section 8. Application of Bond Proceeds. The City shall establish a fund designated
the "Library Construction Fund" (the "Project Fund") into which the proceeds of the Bonds
(other than accrued interest, if any) shall be deposited. Money in the Project Fund shall be
used to pay the costs of the Projects and costs of issuance of the Bonds. The Finance Director
may invest money in the Project Fund in legal investments for City funds. Earnings on such
investments shall accrue to the benefit of the Project Fund. Any part of the proceeds of the
Bonds remaining in the Project Fund after all costs of the Projects have been paid (including
costs of issuance) may be used for capital purposes of the City in accordance with the Federal
Tax Certificate or may be transferred to the Bond Fund, after consultation with bond counsel
to the City.
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Section 9. 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 the 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 dates of delivery of the Bonds to the
initial purchasers thereof, would have caused the Bonds to be treated 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 allocated to 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
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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.
The City further covenants that, if:
(3) More than five percent of the Net Proceeds of the Bonds are allocable to
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 Projects funded by the proceeds of the Bonds, and
(ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable
to the state or local governmental use portion of the Projects to which the Private Person Use
of such portion of the Projects funded by the proceeds of the Bonds relate. The City further
covenants that it will comply with any limitations on the use of the Projects funded by the
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proceeds of the Bonds 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 City has not designated the Bonds as
"qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by
financial institutions.
Section 10. Bond Fund and Provision for Tax Levy Payments. The City hereby
authorizes the creation of a fund to be used for the payment of debt service on the Bonds,
designated as the "City of Renton Limited Tax General Obligation Bond Debt Service Fund,
2011" (the "Bond Fund"). No later than the date each payment of principal of and/or interest
on the Bonds becomes due and payable, the City shall transmit sufficient funds, from the Bond
Fund or from other legally available sources to the Bond Registrar for the payment of such
principal and/or interest. Money in the Bond Fund not needed to pay the interest or principal
next coming due may be invested in legal investments for City funds.
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The City hereby irrevocably covenants and agrees for as long as any of the Bonds are
outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the Bonds when due.
The City hereby irrevocably pledges that the annual tax provided for herein to be levied
for the payment of such principal and interest shall be within and as a part of the tax levy
permitted to cities without a vote of the people, and that a sufficient portion of each annual
levy to be levied and collected by the City prior to the full payment of the principal of and
interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for
the payment of the principal of and interest on the Bonds. The full faith, credit and resources
of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and
for the prompt payment of the principal of and interest on the Bonds when due.
Section 11. Defeasance. In the event that the City, to effect the payment,
retirement or redemption of any Bond, sets aside in the Bond Fund or in another special
account, cash or noncallable Government Obligations, or any combination of cash and/or
noncallable Government Obligations, in amounts and maturities which, together with the
known earned income therefrom, are sufficient to redeem or pay and retire such Bond in
accordance with its terms and to pay when due the interest and redemption premium, if any,
thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside
and pledged for such purpose, then no further payments need be made into the Bond Fund for
the payment of the principal of and interest on such Bond. The owner of a Bond so provided
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for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to
receive payment of principal, premium, if any, and interest from the Bond Fund or such special
account, and such Bond shall be deemed to be not outstanding under this ordinance.
The City shall give written notice of defeasance to the owners of all Bonds so provided
for within 30 days of the defeasance and to each party entitled to receive notice in accordance
with Section 14 of this ordinance.
Section 12. Sale of Bonds.
(a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter
pursuant to the terms of the Bond Purchase Contract. The Underwriter has advised the
Council that market conditions are fluctuating and, as a result, the most favorable market
conditions may occur on a day other than a regular meeting date of the Council. The Council
has determined that it would be in the best interest of the City to delegate to the Designated
Representative for a limited time the authority to approve the final interest rates, aggregate
principal amount, principal amounts of each maturity of the Bonds and redemption rights. The
Designated Representative is hereby authorized to approve the final interest rates, aggregate
principal amount, principal maturities and redemption rights for the Bonds in the manner
provided hereafter so long as (a) the aggregate principal amount of the Bonds does not exceed
$18,000,000, (b) the final maturity date for the Bonds is no later than December 1, 2031,
(c) the Bonds are sold (in the aggregate) at a price not less than 95% and not greater than
110%, and (d) the true interest cost for the Bonds (in the aggregate) does not exceed 4.00%.
In determining whether or not to acquire a Bond Insurance Policy and determining the
final interest rates, aggregate principal amounts, principal maturities and redemption rights,
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the Designated Representative shall take into account those factors that, in his or her
judgment, will result in the lowest true interest cost on the Bonds to their maturity, including,
but not limited to current financial market conditions and current interest rates for obligations
comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in
this Section 12, the Designated Representative is hereby authorized to execute the Bond
Purchase Contract. The signature of one of the listed Designated Representatives shall be
sufficient. Following the execution of the Bond Purchase Contract, the Designated
Representative or the Finance Director shall provide a report to the Council, describing the
final terms of the Bonds approved pursuant to the authority delegated in this section. The
authority granted to the Designated Representative by this Section 12 shall expire 120 days
after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not
been executed within 120 days after the effective date of this ordinance, the authorization for
the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale
approved unless such Bonds shall have been re-authorized by ordinance of the Council. The
ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new
ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory
ordinance approving a bond purchase contract or establishing terms and conditions for the
authority delegated under this Section 12.
(b) Delivery of Bonds; Documentation. Upon the passage and approval of this
ordinance, the proper officials of the City including the Designated Representative, are
authorized and directed to undertake all action necessary for the prompt execution and
delivery of the Bonds to the Underwriter thereof and further to execute all closing certificates
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and documents required to effect the closing and delivery of the Bonds in accordance with the
terms of the Bond Purchase Contract.
(c) Preliminary and Final Official Statements. The Finance Director is hereby
authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds
for the purposes of the Rule. The Finance Director is further authorized to ratify and to
approve for purposes of the Rule, on behalf of the City, the Official Statement relating to the
issuance and sale of the Bonds and the distribution of the Official Statement pursuant thereto
with such changes, if any, as may be deemed by her to be appropriate.
Section 13. Bond Insurance. The Finance Director is hereby further authorized to
solicit proposals from municipal bond insurance companies for the issuance of a Bond
Insurance Policy. In the event that the Finance Director receives multiple proposals, the
Finance Director may select the proposal having the lowest cost and resulting in an overall
lower interest cost with respect to the Bonds. The Finance Director may execute a
commitment received from the Insurer selected by the Finance Director. The Council further
authorizes and directs all proper officers, agents, attorneys and employees of the City to
cooperate with the 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.
Section 14. Undertaking to Provide Ongoing Disclosure.
(a) Contract/Undertaking. This section constitutes the City's written undertaking
for the benefit of the owners, including Beneficial Owners, of the Bonds as required by
Section (b)(5) of the Rule.
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(b) Financial Statements/Operating Data. The City agrees to provide or cause to be
provided to the Municipal Securities Rulemaking Board ("MSRB"), the following, annual
financial information and operating data for the prior fiscal year (commencing in 2011 for the
fiscal year ended December 31, 2010):
1. Annual financial statements, which statements may or may not be
audited, showing ending fund balances for the City's general fund prepared in accordance with
the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the
official statement for the Bonds under the heading "General Fund Comparative Statement of
Revenues, Expenditures and Changes in Fund Balance";
2. The assessed valuation of taxable property in the City;
3. Ad valorem taxes due and percentage of taxes collected;
4. Property tax levy rate per $1,000 of assessed valuation; and
5. Outstanding general obligation debt of the City.
Items 2-5 shall be required only to the extent that such information is not included in the
annual financial statements.
The information and data described above shall be provided on or before nine months
after the end of the City's 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 the MSRB.
In lieu of providing such annual financial information and operating data, the City may
cross-reference to other documents available to the public on the MSRB's internet website or
filed with the Commission.
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If not provided as part of the annual financial information discussed above, the City
shall provide the City's audited annual financial statement prepared in accordance with the
Budgeting Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) when and if available to the MSRB.
(c) Listed Events. The City agrees to provide or cause to be provided to the MSRB,
in a timely manner not in excess often business days after the occurrence of the event, notice
of the occurrence of any of the following events with respect to the Bonds:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
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, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the Bonds, or other material events affecting
the tax status of the Bonds;
7. Modifications to the rights of Bondholders, if material;
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8. Optional, contingent or unscheduled Bond calls other than scheduled
sinking fund redemptions for which notice is given pursuant to Exchange
Act Release 34-23856, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the
Bonds, if material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the City;
13. The consummation of a merger, consolidation, or acquisition involving
the City or the sale of all or substantially all of the assets of the City,
other than in the ordinary course of business, the entry into a definitive
agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms,
if material; and
14. Appointment of a successor or additional trustee or the change of name
of a trustee, if material.
The City shall promptly determine whether the events described above are material.
(d) Format for Filings with the MSRB. All notices, financial information and
operating data required by this undertaking to be provided to the MSRB must be in an
electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to
this undertaking must be accompanied by identifying information as prescribed by the MSRB.
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(e) Notification Upon Failure to Provide Financial Data. The City agrees to provide
or cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the
annual financial information described in Subsection (b) above on or prior to the date set forth
in Subsection (b) above.
(f) Termination/Modification. The City's obligations to provide annual financial
information and notices of certain listed events shall terminate upon the legal defeasance,
prior redemption or payment in full of all of the Bonds. Any provision of this section shall be
null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the
effect that the portion of the Rule that requires that provision is invalid, has been repealed
retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such
opinion and the cancellation of this section.
The City may amend this section with an opinion of nationally recognized bond counsel
in accordance with the Rule. In the event of any amendment of this section, the City shall
describe such amendment in the next annual report, and shall include a narrative explanation
of the reason for the amendment and its impact on the type (or in the case of a change of
accounting principles, on the presentation) of financial information or operating data being
presented by the City. In addition, if the amendment relates to the accounting principles to be
followed in preparing financial statements, (A) notice of such change shall be given in the same
manner as for a listed event under Subsection (c), and (B) the annual report for the year in
which the change is made shall present a comparison (in narrative form and also, if feasible, in
quantitative form) between the financial statements as prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles.
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(g) Bond Owner's Remedies Under This Section. The right of any bondowner or
Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a 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 an event of default with
respect to the Bonds.
(h) No Default. Except as otherwise disclosed in the City's official statement relating
to the Bonds, the City is not and has not been in default in the performance of its obligations of
any prior undertaking for ongoing disclosure with respect to its obligations.
Section 15. Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost,
stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like
date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying
the expenses and charges of the City and the Bond Registrar in connection therewith and upon
his/her filing with the City evidence satisfactory to the City that such Bond was actually lost,
stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the
Bond Registrar with indemnity satisfactory to the City and the Bond Registrar.
Section 16. Severability; Ratification. 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 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 of this ordinance and shall in no way affect the
validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the
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authority granted in this ordinance but prior to its effective date are hereby ratified and
confirmed.
Section 17. Effective Date of Ordinance. This ordinance shall be effective upon its
passage, approval, and thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this 16th day of May, 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 16th day of May, 2011.
Denis Law, Mayor
Approved as to form:
Deanna Gregory
Pacifica Law Group LLP
Bond Counsel
Date of Publication:
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CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washington (the
"City"), DO HEREBY CERTIFY:
1. That the attached Ordinance is a true and correct copy of Ordinance No.
of the City Council (the "Ordinance"), duly passed at a regular meeting thereof held on the 16th
day of May, 2011.
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was given; that
a legal quorum was present throughout the meeting and a legally sufficient number of
members of the City Council voted in the proper manner for the passage of the Ordinance; that
all other requirements and proceedings incident to the proper passage of the Ordinance have
been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute
this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2011.
Bonnie I. Walton, City Clerk
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