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HomeMy WebLinkAboutORD 5657CITY OF RENTON, WASHINGTON ORDINANCE NO. 5657 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-160 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", SETTING THE SCHOOL IMPACT FEE AT $3,568 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; RETAINING THE SCHOOL IMPACT FEE OF $5,486 PER NEW SINGLE FAMILY HOME AND $3,378 PER NEW MULTI-FAMILY HOME IN THE KENT SCHOOL DISTRICT; SETTING THE SCHOOL IMPACT FEE AT $6,392 PER NEW SINGLE FAMILY HOME AND $1,274 PER NEW MULTI-FAMILY HOME IN THE RENTON SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES PLANS OF THE ISSAQUAH, KENT, AND RENTON SCHOOL DISTRICTS. WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, 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 City of Renton has heretofore collected on behalf ofthe Issaquah School District a school impact fee of $3,808 for each new single-family home built within the District's boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2011 Capital Facilities Plan, which includes an decrease in the school impact fee for new single-family homes to $3,568; and WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, 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 City of Renton has heretofore collected on behalf ofthe 1 ORDINANCE NO. 5657 Kent School District a school impact fee of $5,486 for each new single-family home and $3,378 per new multi-family unit built within the District's boundaries; and WHEREAS, the Kent School District requested that the City of Renton adopt the District's 2011/2012 - 2016/2017 Capital Facilities Plan, which recommends no change in the school impact fee for new single-family home, which would remain at $5,486 and no change in the school impact fee for new multi-family units, which would remain at $3,378; and WHEREAS, under Section 4-1-160 of Chapter 1, Administration and Enforcement, 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 City of Renton has heretofore collected on behalf of the Renton School District a school impact fee of $6,310 for each new single-family home and $1,258 per new multi-family unit built within the District's boundaries; and WHEREAS, the Renton School District requested that the City of Renton adopt the District's 2011 - 2017 Capital Facilities Plan, which recommends an increase in the school impact fee for new single-family homes to $6,392 and an increase in the school impact fee for new multi-family units to $1,274; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-160, School Impact Mitigation Fees, 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 amended as follows: 4-1-160 SCHOOL IMPACT MITIGATION FEES: 2 ORDINANCE NO. 5657 A. FINDINGS AND AUTHORITY: The City Council of the City of Renton (the "Council") hereby finds and determines that new growth and development in the City of Renton will create additional demand and need for school facilities, and the Council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this Section to assess school impact fees for the Issaquah School District^afrd- the Kent School District and the Renton School District. The provisions of this Section shall be liberally construed in order to carry out the purposes of the Council in establishing the school impact fee program. B. DEFINITIONS: The following words and terms shall have the following meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. 1. "Capital Facilities Plan" means each respective school district's District's Capital Facilities Plan adopted by the School Board consisting of: a. A forecast of future needs for school facilities based on the school district's District's enrollment projections; b. The long-range construction and capital improvements projects of the school district Bistr-iet; 3 ORDINANCE NO. 5657 c. The schools under construction or expansion; d. The proposed locations and capacities of expanded or new school facilities; e. At least a six (6) year Financing Plan Component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and f. Any other long-range projects planned by the school district District. 2. "City" means the City of Renton, King County, Washington. 3. "Classrooms" means educational facilities of each respective school district #ve District required to house students for its basic educational program. The classrooms are those facilities the school district District determines are necessary to best serve its student population. Specialized facilities as identified by the school district District, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. 4. "Construction Cost Per Student" means the estimated cost of construction of a permanent school facility in the school district District for the grade span of school to be provided, as a function of the school district's 4 ORDINANCE NO. 5657 District's design standard per grade span and taking into account the requirements of students with special needs. 5. "Design Standard" means the space required, by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district District as identified in each respective school district's the District's Capital Facilities Plan. 6. "Developer" means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. 7. "Development Activity" means any residential construction or expansion of a building, structure or use; any change in use of a building or structure; or any change in the use of land that creates additional demand for school facilities. 8. "District" moans school district and refers to either the Issaquah School District No. 411, King County, Washington, or the Kent School District No. 415, King County, Washington. 98. "Elderly" means a person aged sixty two (62) or older. 409. "Encumbered" means to reserve, set aside, or otherwise earmark the school impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. 5 ORDINANCE NO. 5657 4410. "Fee Schedule" means the schedule set forth as Attachment B to Ordinance 4808 indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the City. 42-11. "Grade Span" means the categories into which a school district District groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 4312. "Interlocal Agreement" means the interlocal agreement by and between the City of Renton and a school district the District as authorized in subsection I of this Section. 4413. "Permanent Facilities" means the facilities of a school district the District with a fixed foundation which are not relocatable facilities. 4514. "Relocatable Facility" means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school district the District, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. 4615. "Relocatable Facilities Cost Per Student" means the estimated cost of purchasing and siting a relocatable facility in a school district the District for the grade span of school to be provided, as a function of a school district's we District's design standard per grade span, and taking into account the requirements of students with special needs. 6 ORDINANCE NO. 5657 4716. "Site Cost Per Student" means the estimated cost of a site in a school district the District for the grade span of school to be provided, as a function of the school district's District's design standard per grade span, and taking into account the requirements of students with special needs. 4817. "Standard of Service" means the standard adopted by a school district the District which identifies the program year, the class size by grade span, and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the school district District believes will best serve its student population, and other factors as identified by a school district the District. The school district's District's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pursuant to a Board resolution, "transitional facilities" shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the school district District has the necessary financial commitments in place to complete the permanent facilities called for in the school district's Capital Facilities Plan. 4918. "Student Factor" means the number derived by the school district District to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on a school district's District records of average actual student generation rates for new 7 ORDINANCE NO. 5657 developments constructed over a period of not more than five (5) years prior to the date ofthe fee calculation; provided, that if such information is not available in the school district District, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans. C. SCHOOL IMPACT FEE PROGRAM ELEMENTS: 1. School impact fees will be assessed on all residential development activity in that portion ofthe City located within each respective school district's the District's boundaries based on the provisions of subsection E of this Section. 2. The school impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. 3. The school impact fee shall be based on a Capital Facilities Plan developed by the appropriate school district District and approved by the School Board, and adopted by reference by the City as part of the Capital Facilities Element ofthe City's Comprehensive Plan. D. SCHOOL IMPACT FEE CALCULATIONS: 1. Separate fees shall be calculated for single family and multi-family dwelling units, and separate student generation rates must be determined by each school district the District for each type of dwelling unit. For purposes of 8 ORDINANCE NO. 5657 this Section, mobile homes shall be treated as single family dwelling units and duplexes shall be treated as multi-family dwelling units. 2. The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in a school district the District currently used for instructional purposes. 3. The formula in Attachment A to Ordinance 4808 provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in a school district the District. 4. The District Each school district may provide a credit for school sites or facilities actually provided by a developer which the District that school district finds to be acceptable as provided for in subsection F of this Section. 5. The City Council may adjust the fee calculated under this subsection? as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout each respective school district the District in the cost of new housing, school occupancy levels, and the percent of each respective school district's the District's Capital Facilities Budget which will be expended locally. The City Council establishes the following fees: Multi-Family and Accessory Single Family Dwelling Unit Fee Amount Fee Amount Issaquah $3,808.00 Not Applicable School District 3.568.00 9 ORDINANCE NO. 5657 Kent School District $5,486.00 $3,378.00 Renton School District $6,310.00 6.392.00 $1,258.00 1.274.00 E. ASSESSMENT OF SCHOOL IMPACT FEES: 1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking building permit approval from the City for dwelling units located within each respective school district's the District's boundaries. 2. For any fee that has been paid through King County, the remainder of the school impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the fee schedule then in effect. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are issued. 3. For all new dwelling units, the total amount of the school impact fees shall be assessed and collected from the applicant at the time of building permit issuance, using the fee schedule then in effect. No permit shall be issued until the required school impact fees set forth in the fee schedule have been paid. F. EXEMPTIONS AND CREDITS: 1. The following shall be exempt from the application of school impact fees: 10 ORDINANCE NO. 5657 a. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or b. The replacement ofthe same number of dwelling units at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction ofthe prior structure; or c. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or d. Any development activity that is exempt from the payment of an school impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act; or e. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of Ordinance 4808, unless the terms of the plat or PUD approval provide otherwise; or f. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a voluntary agreement entered into 11 ORDINANCE NO. 5657 with the District prior to the effective date of Ordinance 4808, unless the terms ofthe agreement provide otherwise. 2. Any credit shall be the responsibility of the respective school district District, and shall be independent ofthe fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. Proof under subsection (F)(3) of this Section shall include such things as a receipt or cancelled check. 3. After the effective date of Ordinance 4808, and if the development activity is not exempt from school impact fees pursuant to subsection (F)(1) of this Section, the developer shall receive a credit from the appropriate school district District for any payment made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. 4. After the effective date of Ordinance 4808, the developer can request that a credit or credits be awarded by the appropriate school district Oistfiet for the value of dedicated land, improvements, or construction provided by the developer. The school district District shall first determine the general suitability ofthe land, improvements, and/or construction for that school district's district purposes. Second, the school district B4stfiet shall determine whether the land, improvements, and/or the facility constructed are included within that school district's the District's adopted Capital Facilities Plan or the Board of Directors for 12 ORDINANCE NO. 5657 that school district the—District may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the Capital Facilities Plan of the school district District. The school district Qistfiet shall forward its determination to the City, including cases where the school district District determines that the dedicated land, improvements, and/or construction are not suitable for the school district's District purposes. 5. For each request for a credit or credits, if appropriate, the school district District shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine for the school district District the value of the dedicated land, improvements, or construction provided by the developer on a case-by-case basis. The developer shall pay for the cost of the appraisal. 6. After receiving the appraisal, the school district Pistfie* shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the appropriate school district Pistfiet before the City will award the school impact fee credit. The failure ofthe applicant to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. 13 ORDINANCE NO. 5657 7. Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. G. APPEALS AND INDEPENDENT CALCULATIONS: 1. After the City has collected fees under this Section, the school district District may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the appropriate school district's District's satisfaction that the discount fails to ameliorate for the unfairness of the fee: a. The developer demonstrates to the appropriate school district's District's satisfaction that a» a school impact fee assessment was incorrectly assessed; or b. Unusual and unique circumstances identified by the developer demonstrate that if the standard school impact fee amount were applied to the development, it would be unfair, unjust or unlawful. 2. Requests for fee adjustments, and the administrative appeals process for the appeal of an school impact fee, shall follow the process for the appeal of the underlying development application. Each school district The District shall provide staffing and legal assistance for such an appeal consistent with the Interlocal Agreement between the City and the respective school district District, as that Agreement may be amended from time to time. 3. A developer may provide studies and data to demonstrate that any particular factor used by a school district the District may not be appropriately 14 ORDINANCE NO. 5657 applied to the development proposal, but the school district's District's data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the respective school district's District's satisfaction that the discount fails to adjust for the error in the fee. 4. Any appeal ofthe decision ofthe Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors identified as a result of an appeal should be referred to the Council for possible modification. 5. School ilmpact fees may be paid under protest, in order to obtain a permit or other approval of development activity. H. THE SCHOOL IMPACT FEE ACCOUNT, USES OF SCHOOL IMPACT FEES, AND REFUNDS: 1. School timpact fee receipts shall be initially deposited into a City fund created under subsection L of this Section. When sufficient funds have accumulated to make transfer of those funds to the appropriate school district District advisable, the Administrative Services Department shall make such transfer. Such funds shall be transferred not less than quarterly, if the balance in the fund is more than five thousand dollars ($5,000.00). School ilmpact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by each school district tho District solely for that school 15 ORDINANCE NO. 5657 district's the District's school impact fees as provided for in subsection J of this Section. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (H)(2) of this Section. Annually, the City shall provide accounting records to each school district the District and each school district the District shall prepare a report on school impact fees showing the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by school impact fees. 2. School timpact fees for the District's a school district's system improvements shall be expended by the respective school districts District for capital improvements including but not limited to school planning; land acquisition; site improvements; necessary off-site improvements; construction, engineering, architectural, permitting, financing, and administrative expenses; relocatable facilities, capital equipment pertaining to educational facilities; and any other expenses which could be capitalized, and which are consistent with the respective school district's District's Capital Facilities Plan. 3. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which school impact fees may be expended and where consistent with the provisions of the bond covenants, school impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this Section. 16 ORDINANCE NO. 5657 4. School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the District a school district to hold the fees beyond the six (6) year period. A school district The District may petition the Council for an extension of the six (6)-year period and that school district must the District set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the reason or reasons in written findings, the Council shall establish the period of time within which the school impact fees shall be expended or encumbered, after consultation with the petitioning school district Pistfiet. 5. The current owner of property on which aft school impact fee has been paid may receive a refund of such fees if the school impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the City, except as provided for in subsection (H)(4) of this Section. In determining whether school impact fees have been encumbered, school impact fees shall be considered encumbered on a first-in, first-out basis. The respective school district District shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the King County property tax records. 6. An owner's request for a refund must be submitted to the City, in writing, within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any school impact fees that are 17 ORDINANCE NO. 5657 not expended or encumbered within the limitations in subsection (H)(4) of this Section, and for which no application for a refund has been made within this one (1) year period, shall be retained and expended consistent with the provisions of this Section. Refunds of school impact fees shall include any interest earned on the school impact fees, less five percent (5%) for administrative costs. 7. Should the City seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times, and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the King County property tax records. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the respective school district Pistfict, consistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. 8. A developer may request and shall receive a refund, including interest earned on school the impact fees, when: 18 ORDINANCE NO. 5657 a. The developer does not proceed to finalize the development activity as required by statute or City Code or the International Building Code, and b. No impact on the school district Pistfiet has resulted. "Impact" shall be deemed to include cases where the respective school district District has expended or encumbered the school impact fees in good faith prior to the application for a refund. In the event that a school district the District has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the City and provide receipts of school impact fees paid by the owner for a development ofthe same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in subsection G of this Section. 9. Interest due upon the refund of school impact fees required by this Section shall be calculated according to the average rate received by the City or the respective school districts District on invested funds throughout the period during which the fees were retained and paid by the governmental entity controlling the funds and receiving the interest. I. INTERLOCAL AGREEMENT: 19 ORDINANCE NO. 5657 1. The Mayor is authorized to execute, on behalf of the City, an Interlocal Agreement for the collection, expenditure, and reporting of school impact fees; provided, that such Interlocal Agreement complies with the provisions of this Section. 2. Each school district Tho District shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for the each school districtPisfcfiet. The Account shall be an interest- bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the respective school districts District. 3. For administrative convenience while processing the fee payments, school impact fees may be initially deposited in the City account known as the "Issaquah School District Impact Fee Fund," afrdthe "Kent School District Impact Fee Fund," and the "Renton School District Impact Fee Fund," with interest earned retained by the respective school district for which the monies are held District. As soon as advisable, the City shall deposit the school impact fees collected for each respective school district tho District in that school district's the District's School Impact Fee Account. 4. The City shall retain five percent (5%) of all fees collected to pay for its costs in administering this Section. J. ADOPTION OF EACH SCHOOL TWE-DISTRICTS CAPITAL FACILITIES PLAN AND SUBMISSION OF THE ANNUAL UPDATES AND REPORT AND DATA: 20 ORDINANCE NO. 5657 1. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan: a. The Issaquah School District No. 411 3040 2011 Capital Facilities Plan; b. The Kent School District No. 415 2010/2011 2011/2012 - 2015/2016 2016-2017 Capital Facilities Plan; and c. The Renton School District No. 403 200S 2011 - 2017 Capital Facilities Plan. 2. On an annual basis, each school district tho District shall submit the following materials to the City: a. The annual update ofthe school district's District's Capital Facilities Plan; and b. An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by school impact fees. K. REVIEW: The school impact fee schedule established in this Section shall be reviewed and updated by the Council on an annual basis after the Council receives the school district's District's Plan and data required under subsection J of this Section. The review may occur in conjunction with the annual update of the Capital Facilities Element ofthe City's Comprehensive Plan. 21 ORDINANCE NO. 5657 L SPECIAL FUNDS CREATED: There are hereby created or exist two three (3-3) special City funds known as the "Issaquah School District Impact Fee Fund",, and the "Kent School District Impact Fee Fund" and the "Renton School District Impact Fee Fund" into which all school impact mitigation fees will be deposited. M. CITY NOT RESPONSIBLE: The City will use its best reasonable efforts to collect such school impact fees during its ordinary administrative process, such fees as are due under this Section and consistent with the Interlocal Agreement between the City and the respective school district District, as that Agreement may be amended from time to time, but the City shall not be responsible or liable to any school district to tho District for failure to collect such fees. N. SEVERABILITY: If any portion of this Section is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other subsection of this Section. SECTION II. This ordinance shall be effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 23rd day of April , 2012. Bonnie I. Walton, City Clerk 22 ORDINANCE NO. 5657 APPROVED BY THE MAYOR this 23rd day of April ^ 2Q12 Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 4/27/2012 ( summary) ORD:1759:4/ll/12:scr 1 j 23