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Council PKT 06-01-1999 RegularCITY CO UNCIL MEETING AGENDA June ~, ~999 CO UNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers- City Hall June 1, 1999 - 7:00 p.m. (www. ci.federal-way, wa. us) CALL MEETING TO ORDER · PLEDGE OF ALLEGIANCE HI. PRESENTATIONS Proclamation/Amateur Radio Week Proclamation/National Flag Day CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and addre, s for the recora[ PLEASE LIMIT YOUR REM/~RKS TO THREE O} MINO'~E$. ~he Mayor may interrupt citizen comment~ that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion.) ao Minutes/May 18, 1999 Regular Meeting Voucher/June 1, 1999 Monthly Financial Report/April 1999 planning Commission Appointment (replacement.) Council Bill #223/Consent to Sale/Federal Way Disposal/Enactment Ordinance So 320~ St & PHS Widening & Intersection Improvement Project/30% Roadway Only Approval So 320'~ St Underground Conversion Agreement Approval 23" Ave So (So 317~ St to So 324a St) Road Improvements .F..ederal Way School District Capital Facilifie,,s Plan/Scho01 Impact Fee over please . . . VI. VII. VIII. Re IXe PUBLIC HEARING TransPortation Improvement Plan (TIP) - Staff Report - Citizen Comment - Council Deliberation - Resolution/Adoption of TIP COUNCIL BUSINESS. Tkachuk Abatement/Council Decision INTRODUCTION ORDINANCF_~q Council Bill #224/Granting Tacoma Public Utilities a Non~xclu$ive Franchi~ for Water Distribution and Transmission within Federal Way, AN ORDINANCE OF THE CITY COUNCIL OF TI~ crrY OF FEDERAL WAY, WASHINGTON, GKANTING CITY OF TACOMA DI~PARTMF2qT OF PUBLIC UTILITIF~, WATER DIVISION, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELIJNG AND DISTRIBUTING WATER WITHIN KING COUNTY, A NON[gXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF TI~ CITY OF FflD~tAL WAY, WASHINGTON, THROUGH THE FRANCHISE AI~A FOR THE PURPOSBS OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OIrERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIF_~ W1TI:llN AND THROUGH ~ CITY OF FEDERAL WAY. Council Bill # 225/1999/2000 Capital Facility_ Plan Budg~ Adjpstment AN ORDINANCE OF THE CITY COUNCIL OF TI~ crrY'OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCB, REVISING THE 1999-2000 BIE~ BUDGET (AMENDS ORDINANCES 98-325 AND 98-338). CITY COUNCIL REPORTS CITY MANAGER REPORT ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEM,~ NOTLISTED ON THE AGENDA ** PROCLAMATION "AMATEUR RADIO WEEK" WHEREAS, the City of Federal Way lu~ more than 200 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio cotnmunications; and WHEREAS, these Amateur Radio operators donate these services free of charge to the city, in the interest of the citizens of the city, as well as the wodd; and WHEREAS, these Amateur Radio operators are on alert for any emergency, local or world-wide, and practice communication skills during the American Radio Relay League's Field Day exercise; and WHEREAS, this year's Amateur Radio lq'eM Day will take place on June 26-27, 1999; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of~e 20, 1999, as "AMATEUR RADIO WEEK~ in the City of Federal Way, in recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the A~nateur Radio operators of our city. SIGNED this 1st day of June, 1999. CITY OF FEDERAL WAY Ron Gintz, Mayor Mary Gates, Councilmember Linda Kochmar, Councilmember Phil Watkins, Councilmember Michael Park, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember PROCLAMATION ONATIONAL FLAG DAY~ WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress daled August 3, 1949, June 14 of each year was designuted "NATIONAL FLAG DAY"; and WHEREAS, the Congress has requested the President to issue annually, a proclamation designating the week in which June 14 occurs, as "NATIONAL FLAG WEEK"; and WHEREAS, on December 8,1982, the National Flag Day Foundation was chartered to conduct educational program,, and to encourage all Americans to ~PAUSE FOR THE PLEDGE OF ALLEGIANCE~ on Flag Day, June 14; and WHEREAS, by Act of Congress, Public Law 99-$4 was passed to have the "PAUSE FOR THE PLEDGE OF AIJ.~GIANCE~ as parl of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim June 14, 1999, as "NATIONAL FLAG DAY" in the City of Federal Way, and urge all citizens to pause at 7:00 p.m. EDT on this date for the 20th annual ~PAUSE FOR THE PLEDGE OF ALLEGIANCE" to the Flag, and join all Americans in reciting the Pledge of Allegiance to otlr Flag and Nation. SIGNED this 1st day of June, 1999. CITY OF FEDERAL WAY Ron Gintz, Mayor Mary Gales, Councilmember Linda Kochtnar, Councilmember Phil Watkins, Councilmember Michael Park, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City I-lall May 18, 1999 MINUTES I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order in the Council Chambers, City Hall, at 7:04 PM. II. PLEDGE OF ALLEGIANCE Councilmember Watkins led the Pledge of Allegiance. III. PRESENTATIONS a. SPIRIT Award/Month of May City Manager Kenneth Nyberg presented Senior Planner Lori Michaelson with the SPIRIT Award for May. Ms. Michaelson thanked the City Manager and staff who work with her. b. Parks/Recreation Commission Introductions/Certificates Councilmember Dovey introduced the newly appointed Parks/Recreation Commissioners and presented them with their certificates. The new regular commission members are Karl Grosch, Barbara Reid, Jerry Bollen, and alternates Mike Lane, Dave Armstrong, and C.T. Purdom. c. Economic Development Update Economic Development Executive Debra Coates relayed the latest developments in the City's revitalization plan: The Home Express building has been leased; SeaTac Mall planning upgrades; positive feedback at the May 12, 1999 meeting regarding the Sound Transit Design Charette; the marketing brochure should be available by the end of June; and $7 million in revenue will be generated from bookings of tournaments at Celebration Park. d. Emerging Issues City Manager Kenneth Nyberg stated there was no report this evening. CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~ CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of May 18, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Approve Official Minutes . f i ,..:,' ~'i ' ........................................................................................................................................................................... ........................... ....... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 City Council Regular Meeting May 18, 1999 Page 2 IV. CITIZEN COMMENT Barbara Reid, commented on the Capital Facilities Plan, asked Council not to take a patchwork .,~ . approach to the development of a community center; asked Council to consider merging the community center, civic center, performance hall and public safety building into one facility adjacent to Celebration Park. Margaret Nelson - recognized Girl Scout Troop for their efforts in clearing the BPA Trail of scotch broom and debris, noted she saw graffiti on the W. Campus jogging trail and stated she is disappointed the City has no program for clean-up in the budget. Dave Larson - asked Council to recognize service organizations that serve the Federal Way community. Mr. Larson asked for a proclamation or resolution to recognize the silent back-bone of the community. Councilmember Dovey stated he would bring the request before the Parks/Recreation/Human Services/Public Safety Committee and bring a recommendation back before the Council. H. David Kaplan - thanked all of the volunteers and contributors who helped make Celebration Park a reality, and noted the park dedication ceremony will be held on May 22, 1999 at 11:00 AM. Mr. Kaplan extended his special thanks to Parks Department employees Jennifer Schroder, Dave Wilbrecht, and Jon Jainga. V. CONSENT AGENDA ao eo Minutes/May 5, 1999 Regular Meeting-Ap_proved Miscellaneous Traffic Channelization Modification/Final Project Acceptance- Approved US West Wireless. Right-of-Way Use Agreement-Ap_proved Resolution/Set Public Hearing Date for Proposed 2000-2005 Transportation Improvement Program (TIP) & Arterial Street Improvement Plan (ASIP) - Approved, Resolution # 99-297 1999 CDBG Project Revision-Approved Renewal of CDBG Funding Strategies-Ap_proved 2000 CDBG Pass-Through Acceptance-Approved So 336~ St at SR 99/Street Widening Project/Authorization to Award Bid - Approved Crown Point Storm & Sanitary Sewer Repair/Final Project Acceptance-Approved Amendments to the Countywide Planning Po!icies-.A_pproved DEPUTY MAYOR PARK MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Watkins pulled Consent Item (c)-US West Wireless Right-of-Way Use Agreement for clarification. City Council Regular Meeting May 18, 1999 Page 3 COUNCILMEMBER WATKINS MOVED APPROVAL OF ITEM C. COUNCILMEMBER GATES SECOND. Councilmember Dovey recused himself as he is in the wireless business. The motion carried as follows: Burbidge yes Dovey recused Gates yes Gintz yes Kochmar yes Park yes Watkins yes Councilmember Kochmar pulled Consent Item (O-Renewal of CDBG Funding Strategies, stating she objects to the set-aside portion dealing with economic development. MAYOR GINTZ MOVED APPROVAL OF ITEM f AS PRESENTED. COUNCILMEMBER WATKINS SECOND. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MOTION TO REMOVE THE PORTION THAT WOULD SET-ASIDE 15% OF THE CDBG FUNDING STRATEGIES FOR ECONOMIC DEVELOPMENT. COUNCH.MEMBER WATKINS SECOND. Councilmember Dovey stated the Council voted late last year to approve a portion of the CDBG funds for economic development and infrastructure, and stated it is within the criteria of CDBG funding to do so. Councilmember Gates stated the CDBG funds are federal funds and not human services funds; she also stated that infrastructure and economic development improvements help improve the economy for everyone and bring business and jobs to low and median income citizens. Mayor Gintz called for a roll call vote on the amendment to the motion. The amendment to the motion failed 5-2 as follows: Burbidge no Dovey no Gates no Gintz no Kochmar yes Park no Watkins yes Mayor Gintz called for a roll call vote on the main motion. The main motion passed 5-2 as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar no Park yes Watkins no City Council Regular Meeting May 18, 1999 Page 4 VI. PUBLIC HEARING TkaChuk Abatement/Report of Expense Staft Report Citizen Comment Council Deliberation/Decision Mayor Gintz read the procedures to be followed at tonight's Public Hearing. Mayor Gintz opened the Public Hearing at 8:07 PM. Code Compliance Officer Martin Nordby gave a brief staff report regarding the process followed for the abatement of the Tkachuk property and stated the City is asking Council to assess the costs of the abatement of the property and taxes only, and not for staff time and follow-up. Mr. Nordby stated the cost to demolish and haul off the property is $10,201.45. Mr. Tkachuk property owner stated through an interpreter that he did not understand the process and wanted to put a manufactured home on the site. Mr. Tkachuk stated $10,000 was too much money to haul off the debris and the contractor he contacted said he could do it for $1,500 -2,000. Mr. Nordby stated the City met with Mr. Tkachuk six times, each time with an interpreter, and stated Mr. Tkachuk did not have building permits approved and was ordered to stop work on two occasions. Bill Sorenson, stated he is a neighbor of the Tkachuk property and Mr. Tkachuk has no regard for our laws or other people's property. Mr. Sorenson stated he had seen Mr. Tkachuk remove the stop work orders posted at the property. Mayor Gintz closed the public hearing at 8:35 PM. DEPUTY MAYOR PARK MOVED TO APPROVE STAFF RECOMMENDATION TO ASSESS FULL COSTS AND PLACE A LIEN AGAINST THE PROPERTY. COUNCILMEMBER KOCHMAR SECOND. Deputy Mayor Park stated he understands being from a foreign country but stated one has to comply with our laws. Councilmember Dovey expressed concern regarding the financial hardship the assessment would place on the Tkachuk family and asked for clarification on how the assessment would be applied. Councilmember Gates stated she understands that $10,000 is a financial hardship but it is not the City's job to figure out how he will pay; it is the City's job to protect its citizens and recoup the costs involved in having to abate the property. City Council Regular Meeting May 18, 1999 Page 5 COUNCILMEMBER DOVEY MOVED TO TABLE THE DECISION TO THE JUNE 1, 1999 COUNCIL MEETING IN ORDER TO REVIEW PAYME~ OPTIONS FURTHER. COUNCILMEMBER KOCHMAR SECOND. Mayor Gintz called for a roll call vote. The motion passed 6-1 as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park no Watkins yes VII. COUNCIL BUSINESS a. 1999 Asphalt Overlay Bid Awar~i COUNCILMEMBER WATKINS MOVED APPROVAL OF THE 1999 ASPHALT OVERLAY BID AWARD. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Resolution/Proposed Method for Early Redemption of Bond from Utility Tax Approved Resolution It 99-298. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE RESOLUTION AS PRESENTED FOR EARLY REDEMPTION OF BONDS. COUNCILMEMBER BURBIDGE SECOND. H. David Kaplan, stated he endorses the resolution as it saves the taxpayers money. Councilmember Dovey stated the resolution allows the City to pay off bonds early and will save the City $832,000. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MOTION TO RETAIN THE 1.45 MILLION IN THE BOND RETIREMENT FUND. COUNCILMEMBER WATKINS SECOND. Mayor Gintz called for a roll call vote. The amendment failed 5-2 as follows: Burbidge no Dovey no Gates no Gintz no Kochmar yes Park no Watkins yes City Council Regular Meeting May 18, 1999 Page 6 Mayor Gintz called for a roll call vote on the main motion. The main motion passed 5-2 as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar no Park yes Watkins no VIII. INTRODUCTION ORDINANCE Council Bill #223/Consent to Sale/Federal Way Dispo,sal to Washington Waste Hauling & Recycling AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONSENTING TO THE SALE OF FEDERAL WAY DISPOSAL CO., INC. AND AMENDING THE CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION, AND SETTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICE (AMENDS ORDINANCE NOS. 94-221, 95-236, AND 98-321. MOTION BY COUNCILMEMBER GATES TO MOVE THE INTRODUCTION ORDINANCE TO SECOND/ENACTMENT READING TO THE JUNE 1, 1999 COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes IX. CITY MANAGER REPORT City Manager Kenneth Nyberg reported the next meeting of the Lakehaven Liaison Committee is scheduled for May 19, 1999 at 7:30 AM; The Mercer Group has been selected as the Executive Search consulting firm and Jim Mercer will be interviewing Councilmembers individually; Deputy City Manager Philip Keightley has requested sick leave between June 1 and July 14,1999 and the request has been granted; Council will conduct an executive session regarding Collective Bargaining pursuant to RCW 42.30.140(4)(a), anticipated to last fifteen minutes with no action expected. X. CITY COUNCIL REPORTS MOTION BY COUNCILMEMBER GATES TO SUSPEND THE RULES AND EXTEND THE MEETING PAST 10:00 PM. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: City Council Regular Meeting May 18, 1999 Page 7 Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services Committee is scheduled for May 24, 1999 at 5:30 PM., and the Celebration Park Dedication will be held on May 22, 1999 at 11:00 AM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for June 7, 1999 at 5:30 PM. Councilmember Burbidge stated she attended the Sound Transit Design Charette meeting and was pleased with the positive feedback. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for May 25, 1999; thanked all who attended and were involved in the Sound Transit Design Charette meeting; and reported that the Tacoma Art Museum has declared May 20, 1999 as Federal Way Day. Councilmember Kochmar reported on the positive feed-back at the Sound Transit Design Charette Meeting and thanked staff involved in the banquet for the Tonghae delegation. Deputy Mayor Park reported a Letter of Intent had been signed by both the City of Federal Way and the City of Tonghae Korea to become sister cities. Delegates from Tonghae were in town on from May 10 - 14, visiting the city; the City Manager Search Committee has selected The Mercer Group as consultant for the executive search. Mayor Gintz thanked Deputy Mayor Park for translating during the Tonghae visit; stated there will be a candlelight vigil against school violence on May 19, 1999 at Memorial Stadium; and stated on May 24, 1999 elected officials throughout the community are invited to a Character Cities Initiative Meeting at City Hall from noon to 2:00 PM. Council adjourned to executive session at 10:01 PM. XI. EXECUTIVE SESSION Collective Bargaining/Pursuant to RCW 42,30,140(4)(a) At 10:21 PM, Deputy City Manager Philip Keightley announced another 15 minutes were necessary. Council reconvened to regular session at 10:30 PM. City Council Regular Meeting May 18, 1999 Page 8 XII. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular session at 10:30 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE --'BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $1,502,964.55 Expenditure Amt: $1,502,964.55 Contingency Reqd: ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services endered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify to said claims. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: r'~I/':}~ ~c ~ ~ -/ , , . ................................................................................................................... ./.....;..il ............. ,. ........ 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D~ 0 < o o o ~ ~o OH ~:~ ~0 r~ o o L-~ H OH O~ C~ O~ ;X~'H O O:~ ~H (/3 '--3 o o 0 H oO <o <o <o <o <o <o <o <o <o <o <o <o O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ 0 ~ O~ o o o o o o o o o o o o o o o o o o o o o o o o 0 00000000000 00000000000 00000000000 ~0~0~0 0 O0 0 o <:o O~ o o I0 t~ tq ,q 0 0 Ou] 0 J~ ~0 0 0 Or) lo mm 0 ~0 <:o WO QO OC ~0 o o 0 <o OU~ 0 0 J~ ~0 O~ U3 0~ 0 <:0 O~n 0 o 0 ~0 0 - <o Ou~ o o u~ ~0 O0 0 0 0 <:o OO~ 0 0 00 0 tx.) 0 0 <:o O~n ~:~ o o o 0 0 0 < 0 H 0 0 o o o 00~ < 0 H 0 0 ~r oo (1) 0m o o o <o O~ ~:~ o o <:o o o 0~ mO m:~ 0 o o o ~ <o 0 u~ u~ ~0 O~ ~<: ~0 o o o ~n o 0 O- (D O <:o O~ o -.1 ~0 0 ~0 ~o Lo o H D~ 0 <:o 0 u~ ~ ~o 0 O~ 0 ~0 0 <:o 0 m o o ~o 0 o o o 0 o 0 0 C~ 0 <:o 0m ~ ~o o H H 0 0 0 0 <:o 0~n o ~0 O~ mO ~0 o o o o <:o O~ ~ ~o o o 0 < / o 0 <:o oun ~ ~o WH 0 o o o o <o Om o o 0~ H 0:~ W~ 0 Z <:o OLn ¢1 b~ o o 0 o o o u1 o (~ H H O O O~ < 0 M H 0 0 0 0 rt oO O~ U t-flU 0 < 0 0 ct oO mi o o u1 OC~ o o <1 < 0 oo 0('3 (~ U . {,o kn 0 0 U~ O~ ~ ~ ~ 0 0 <o Ou~ o <o O~ o o o o o 0 o ~ H ;~0 O~ o 0 o <:o Om 0 0 ~3 ~o ~Z oO o o oO 0 MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: April Financial Report CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: April Financial Report SUMMARY/BACKGROUND: Month of April 1999 CITY COUNCIL COMMITTEE RECOMMENDATION: Was approved by the Finance Committee during their meeting on May 25, 1999. CITY MANAGER RECOMMENDATION: ................................................................................................... f..-~. :,.~!..'. ~.'.':. c:.%.:~ ~ ............. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CITY Overview 1 Significant Events 1-2 General Government Revenues 3-4 Expenditures 5-6 Cash Mgmt/Investments 6-7 Supplemental Schedules 8-15 Attachment A 16 Questions? Contact: Marie E. Mosley 661-4063 Tho Kraus 661-4170 Mari Doting 661-4096 Issue Date: May 19, 1999 April 1999 Monthly Financial Report OVERVIEW The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Removal, Paths & Trail, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through April for the years 1994 through 1999. SIGNIFICANT EVENTS Municipal Court will consist of a part-time the year-end budget On March 16th Council judge, a part-time court adjustment request. Staff is approved an ordinance commissioner, a court currently developing job authorizing the creation of a administrator, and nine court descriptions, polices and Federal Way Municipal clerks. The court is a procedures, and purchasing Court to replace the current division of the City furniture and equipment. contract with King County Manager's Office. The District Court, effective projected start-up cost Annual Audit January I, 2000. The court (furniture & equipment such The state auditors began the will hear violations of city as workstations, computers, audit process at the beginning ordinances, traffic laws and phones, etc) of approximately of March and are expected to some state laws. The court $300,000 will be included in be complete by the end of CitF of Federal WaF April 1999 Monthlv Financial Report May. Beginning with this year's audit, the audit focus has shifted from a financial standpoint to a risk based approach. That is, they are looking to make sure there is accountability and no fraud, rather than looking at just the financial results. The audit exit conference will occur the first part of June. No findings are expected as a result of this audit. Y2K Progress Management Information Systems Division is busy working with departments and vendors on converting systems so they are Y2K compliant by the end of the year. The City's financial management system, personnel management system, and police records system are already Y2K compliant. The recreation registration system will be upgraded in June and the permit system will be completed in September. Staff is also making sure all computers, telephones, pagers, etc. are Y2K compliant. Grants The Transportation Improvement Board (TIB) authorized $404,820 in Urban Arterial Trust Account (UATA) funds for the design phase of the 23rd Avenue South Project (South 317th Street to South 324th Street), effective April 2?. Estimated funds for construction is $4,275,980, providing a total of $4,680,800 in UATA funds for this project. The total grant award increased by $1,000,000 due to the addition of the South 320th project. The City also received $100,000 in TIB/PFP funds for Pedestrian Facilities Program at SR 99/South 330th Street Intersection, effective May 22nd. The City received notification from the Department of Justice that we will receive the COPS Universal Hiring Program grant award of $600,000. The grant will help offset the cost of eight police officers over a three-year period, effective April Ist. The City received confirmation of the $413,000 from the Washington State Building for the Arts grant. The purpose of the grant is to reimburse certain capital expenses incurred for the construction of the Knutzen Family Theatre. Bingo Tax Rate The bingo tax rate reduction bill passed the legislature by a wide margin. The bill would reduce the current rate from 10% to 5%. Legislators were impressed by the testimony of the nonprofit agencies that the bingo receipts were for charitable purposes. Cities will need to justify the services cities are providing with this tax revenue if they are to convince the governor to reject the bill. 1999 Asphalt Overlay The bid opening was May l0th, and five bids were received. The lowest bid came from Lakeside Industries with a bid amount of $1,655,868. The contract award amount was $1,598,290, with a 10% contingency of $159,829 and administrative costs of $59,000. The contract was awarded to Lakeside Industries at the May 18th Council meeting. City of Federal Way April ! 999 Monthly Financial Report GENERAL GOVERNMENTAL REVENUES General governmental revenue collections through April total $13,340,054, which is $1,765,362 or 15.3% above the year-to-date budget ($11,574,692). When compared to 1998, revenues have increased by $908,663 or 8.5%. Attachment A provides a comparison of year-to-date revenues by major sources for 1999 with comparative figures for the past 5 years. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending April 30, 1999 i Adopted Year-to-Date % Proper~y rex . 6634 350 2,459.736 37 ?.~)r 2 45~ '36 ~ ~% 2 285 140 Sales Tax 8,605,426 3,075,322 35 7% 2,877,973 197,349 69% 633,460 !Hotel/Motel Lodging Tax 65,000 00% na !Criminal Justice Sales Tax 1,362.747 457945 336% 427,593 30352 71% 95,305 IGambling Tax 509,600 390,252 76.6% 293,950 96,302 32.8% 101,366 ,Utility Tax 4,633,769 1,885,997 407% 1,699,701 186,296 110%1 491,954 Real Estate Excise Tax 1.200,000 639,592 533% 332,232 307,360 925% 203,522 Franchise Fees 494,255 220,578 446% 220,972 (394) 4).2% 108,953 Licenses & Permits 123,201 71,341 579% 49,317 22,024 44.7% 5,638 Intergovernmental 4,576,430 1,918,447 41.9% 1,751,250 167197 95% 741,103 C,D Building Permits & Fees 853,193 406,553 47 7% 265,565 140,988 53 1% 88,403 CD Pass Thru Fees 25.124 na 25,124 na 12,798 PW Permits & Fees 239,573 91.163 38 1% 71,076 20 087 28 3% 16,287 PW Pass Thru Fees 7,558 na 7.558 na 563 ;W/vi Fees 3,120,302 389,255 12 5% 359,900 29 355 8 2% 280.939 Refuse Fees 148,524 37,320 25.1% 49,508 (12.188) -24 6 Adm~n Fees 168,478 58581 348% 56,159 2,422 43% 16,461 Fines & Forfeits 714,000 306,804 43 0% 228,709 78.095 34 1% 86,409 Recreation Fees 501,343 186,636 372% 152.572 34,064 22 3% 47,579 Kr~utzen Theatre Operations 59,030 9,1369 15.4% 19,677 (10,608) -53 9% 391 Dumas Bay Centre Operations 429,609 150,254 35.0% 114,597 35,657 31 1% 54,242 Public Safety 138,432 144,625 104.5% 17,187 127,438 741 5% 17,395 Interest Earnings 1,040,139 374,332 360% 117,966 256.366 217 3% 84,293 Miscellaneous Revenue 139,765 33,570 240% 9,050 24,520 270 9% 12,074 Subtotal Operations 35,757,166 13,340,054 37 3% 11,574,692 1765,362 15 3%=~ 5,384,275 Interfund Transfers 5,383,289 0.0% nal Other Financing Sources 1,411,612 1,329,366 942% 1,329,366 na~ 99,175 Total Revenues 42,552,067 14,669,420 345% 12,904,058 1765,362 13 7% 5,483,450 * Shows actuals as % of year-to-date budget For example, 50% means actual revenues were half of what was Dudgeted for that period COMPARISON OF 1999 OPERATING REVENUES - BUDGET TO ACTUAL $40.000.000 $35 000.000 $30 000.000 $25 000.000 $20,000.000 $15.000.000 $10,000.000 $5.000.000 $- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 3 City of Federal Way April 1999 MonthlF Financial Report Sales Tax Sales tax received in April of $3,075,322 is $197,349 or 6.8% above the year-to-date budget. Compared to 1998 year-to-date, sales tax increased $196,948 or 6.8%. Sales tax received in April total $633,460 which is $31,778 or 5.3% above the adopted budget estimate. Compared to April 1998, sales tax increased $57,864 or 10.1%. Retail sales continue to remain the largest source, accounting for 65.3% of all sales tax collections. Year-to- date retail sales tax collections are up $110,621 or 5.8% over 1998, attributable to an overall increase in retail activity. Year-to-date construction and contracting activity, which accounts for 8.2% of sales tax collections, is up $47,501 or 23.3% compared to 1998 activity. This increase is further reflected in the City's building permit trends. Year-to-date, sales tax collections for manufacturing activity has increased $30,224 or 28.5%. This is due in part to a major manufacturing company reporting sales tax on a qua~erly basis for part of 1998 versus monthly in 1999. Through April of 1998, the company reported 4th quarter 1997's activity (the company catches up by remitting 1st & 2nd quarter 1998's activity in June 1998), whereas in 1999, the company reported sales tax activity for four reporting periods. The company has been remitting sales tax on a monthly basis since July 1998. The remaining variance has to do with increased activity, specifically in lumber products. The City's largest retail center, South 348th retail center, which generates over 16% of the City's sales tax has experienced a growth of $53,677 or 12.0% compared to 1998, due to increased activity. The SeaTac Mall continues to show a slight decline in taxable retail sales activity through the month of April. Major auto sales activity decreased by $11,173 or 8.7% compared to 1998 due to a major auto dealer relocating its business in 1998. Real Estate Excise Tar For the year-to-date comparison, real estate excise tax continues to exceed prior year's collections. In fact, the 1999' s first quarter' s distribution of $436K is the highest received since the city's inception. The next highest distribution was in first quarter 1998 when we received $365K. Utility Tax Utility tax received through April (for taxes relating to the Ist quarter) total $1,143,366, which is $87,087, or 8.2% above the monthly budget estimate. Compared to 1998, utility tax receipts have increased $162,069 or 12.4%. Gambling Tax Gambling tax collections are up $256,748 compared to 1998 largely due to increased activity at one major card room establishment and the increase in card room rates from I1% in 1998 to 20% in 1999. State Shared Revenue State shared revenues are exceeding budgetary estimates by $167K or 9.5%. Year-to-date 1999 receipts include a distribution of $10K from the state to compensate cities for the costs of implementing and enforcing the new DUI legislation. Another distribution is scheduled for May but should be significantly lower. Criminal justice-high crime has collected $173,087 through April. This revenue is based on the Cities 1997 crime rate and determines distribution amounts for July and October 1998 and January and April 1999. We are not budgeted to receive any high crime revenue in 1999, based on the 1998 crime rate statistics. Fines & Forfeitures Fines and forfeitures are exceeding budgetary projections by $78K or 34.1%. Revenues are up $37K when compared to 1998. Building Permits and Plan Check Fees Building permit revenues were up $230,612 when compared to 1998 and $166,112 or 62.6% when compared to year-to-date budget, continuing the trend since the City's inception. Significant among the commercial permit activity is Financial Pacific, who are doing major tenant improvements, and Extended Stay America, which is a 101~ room hotel. Several permits were issued for a large residential development totaling almost $12K. Community Development expedited review deposits total $51,341, and recognized revenues is at $22,842. Environmental review deposits total $25,354, while revenues are currently at $2,282. City of Federal Way April 1999 Monthly Financial Report ROW Permits and Fees Overall Public Works permits and fees collected through April total $98,721, which is $27,645 or 38.9% over the adopted budget. ROW permit revenues collected through April were $33K, which is almost $13K over the year-to- date budget. This is due to increased activity by utility companies working in the ROW. Activity usually increases with longer daylight hours and nicer weather. Public works expedited review deposits total $67,309, while recognized revenues are at $7,558. GENERAL GOVERNMENTAL EXPENDITURES General governmental expenditures through April total $9,197,402 or 24.8% of the annual operating budget ($37,078,044). Operating expenditures are below the year-to-date budget ($9,438,129) by $240,726 or 2.6%. When compared to 1998, expenditures are up $732,577 or 8.7%. EXPENDITURE SUMMARY BY DEPARTMENT Period Ending April 30, 1899 ~ Ye~r-tO~nte % YTD: i ,,,,,,, ,, ,,,,, ~ YTD Built8 YTD~ City Council 219,841 113,179 51.5% 113,774 595 0.5% 14,233 City Manager 587,110 214,282 36.5% 200,870 (13,412) -6.7% 48.749 Municipal Court 8,748 na (8,748) na 8,748 Management Services 1,947,613 519,703 26.7% 525,131 5.428 1.0% 101,925 Civil Legal Services 522,356 230,905 44.2% 169,685 (61,220) -36.1% 34,531 Criminal Legal Services 1,210,809 311,416 25.7% 341,725 30,309 8.9% 85,584 Community Development 3,048,376 985,844 32.3% 1,026,422 40,578 4.0% 287,670 Public Safety 12,049,356 4,032,615 33.5% 4,087,151 54,536 1.3°/, 965,479 Jail Services 875,000 277,962 31.8% 243,676 (34.286) -14.1% 91,354 Parks & Recreation 3,065,364 859,293 28.0% 953,574 94~281 9.9% 239,747 Dumas Bay Centre Operations 467,436 152,091 32.5% 138,363 (13,728) -9.9% 44,981 Knutzen Theatre Operations 159,030 32,652 20.5% 53,010 20,358 38.4% 8,298 Public Works Operations 3,444,273 890,943 25.9% 939,456 48,513 5.2% 156.469 PW Asphalt Overlay Program 2,018,311 18,554 0.9% 18,554 0.0% 4,634 Solid Waste & Recycling 299,727 61,019 20.4% 59,742 (1,277) -2.1% 15,322 ;now & Ice Removal 55,076 5,559 10.1% 10,978 5,419 49.4% 424 Hotel/Motel Lodging Tax 65,000 0.0% na iurface Water Management 1,749,884 482,535 27.6% 549,785 67,250 12.2% 112,007 Debt Service 5,293,482 102 0.0% 6,232 6,130 98.4% Subtotal Operations 37,078,044 9,197,402 24.8% 9,438,128 240.726 2.6% 2,220,154 Interfund Transfers 7,751,571 0,0%I naI Other Financing Uses 680,479 3,525,592 518.1% 3,525,592 hal 2,260,076 Total Expenditures 45,510,094 12,722,994 28.0% 12,963,720 240,726 1.9% 4,480,230 COMPARISON OF 1999 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40.000,000 $35.000.000 $30.000,000 $25.000.000 $20.000.000 $15.000,000 $10.00Q000 $5,000,000 $- Jan Fe0 Mar Apr May Jun Jul Aug Sep Oct Nov Dec 5 Cit~ of Federal WaF April 1999 MonthlF Financial Report Municipal Court costs for April total $8,748, which consists of the purchase of used office furniture. Management Services expenditures total $519,703 which is $5,428 or 1.0% below the revised budget estimate ($525,131). Salaries and Benefits are currently at 37%. Also, intergovernmental charges, which include budgeted election costs of $70,000, have only expended $2,000 or 1.9% of the annual budget ($104,000). Community Development Operations has expended $985,844 or 32.3% of its annual appropriation ($3,048,376). Through April, they are below their budget by $40,578 or 4.0% of the year-to-date budget ($1,026,422). Only 27.1% of the services and charges budget ($671,938) have been expended. Parks Operations expenditures total $859,293 which is $94,281. This section of the report provides Council with an update of the investment portfolio. The Investments by Category and State Investment Pool Investments by Type graphs illustrate our efforts to diversify the City's investments. Our investment policy provides or 9.9% below the year-to-date budget estimate ($953,574). This is 28.0% of its annual appropriation and is due to Iow expenditures in both supplies (17% expended) and services and charges (13% expended. Through April, temporary help totals $27,240 or 13% of its annual budget ($210,055). This is an increase in temporary help when compared to last month, due to additional help needed for Celebration Park. Public Works Operations is below April budget estimates ($939,456) by $48,513 or 5.2%, and has expended $890,943 or 25.9% of its annual appropriation ($3,444,273). This is due to the delay of invoices for intergovernmental expenditures, such as King County traffic maintenance and WSDOT state highway maintenance. Through April we have paid out $27,450 or 5.2% of the annual budget ($531,544), CASH MANAGEMENT that... "No more than 5% of the portfolio may be invested in the securities of a single issuer, except for the U.S. Treasury, to which no limits apply, and commercial paper, which is limited to 3% of the portfolio in accordance with state law. No more than 30% of the portfolio may be invested in bankers' SWM Operations are below projections by $67,249 or 12.2% of the April estimate of $549,785. Police Services have expended $4,032,615 through April, which is $54,536 below the budgetary estimate of $4,087,151. This is due in part to the delay of the Valley Communications invoice for April. Salaries & benefits, which are 67% of their total budget (excluding temporary help, overtime & termination pay), totaled $2,949,584. This is 34% of the annual budget ($8,681,503). Overtime pay totals $133,950 which is 54% of its annual budget ($250,000). This could be attributed to several full time positions that were vacant. Jail Service is above April budget estimates ($243,676) by $34,286 or 14.1%. The total expended $277,962, does not include payments for March and April services. acceptances and certificates of deposit". The Investment Interest Rates graph shows the average maturity yield for the years 1996 through 1999. The average portfolio maturity and yield as of the end of April is 5.02%. This is a decrease of .05% from the March balance of 5.07%. ,, Actual Yield Amounts as of Apri,!?0th Year 1996 1997 1998 1999 6 Month T-Bill 5.28 5.53 5.26 4,53 State Investment Pool 5.29 5.50 5.50 4.82 Inhouse Investment 6,11 5.88 5.89 5.21 Total Portfolio Investment Interest 5.75 5.75 571 502 CitV of Federal ~Va¥ April 1999 Monthly Financial Report Bankers Acceptance 7% Certificate of Deposit 7% Investments by Category April 30, 1999 Agency 15% Treasury Notes 22% State Investment Pool 49% State Investment Pool Investments by Type Commercial Repurchase Treasury Paper Agreements Securties 7% 16% 5% Certificates of Deposit 1% U.S. Agency Securities 71% Investment Interest Rates as of April 30th []6 Month T-Bill lState Investment Pool I-Ilnhouse Investment r'lTotal Portfolio Investment Interest 1996 1997 1998 1999 Cit~ of Federal Way April 1999 Monthly Financial Report MAJOR REVENUE SOURCES January February 849,037 870.318 M arch 579.220 580 171 Aprd 522.576 500.911 May 585,809 597,164 June 556.790 632.367 July 615 567 603.320 Augusl 603,765 651.123 September 619.020 635.050 October 609 162 626,974 Novem~l 627.343 636,254 LOCAL RE'rAIL SALES TdOf REVI~NU~ $ 584.297 S 603,980 $ 6~.2~ $ ~4.~ $ 623.386 638.~2 $ ~7688 $ 711432 $ 43744 6.6~ 882.234 883.229 902 478 602 830 607 790 640967 578687 577 022 582547 624667 768980 660.733 599 1C0 607 104 669 058 617 531 600594 657032 676546 650423 694702 713 489 7~4.368 735.617 676.731 652.886 657.100 654.050 6~.751 687.585 949276 714.640 575.596 655.396 769.461 645.475 682 263 850.295 761,561 739.326 941.601 667 002 601 682 706.570 680 513 656.290 704382 788 583 714 775 714 770 1.013 425 71 824 717 005 50 003 633 460 31 778 0 December 594.528 618765 650.583 664.611 793528 800.018 755570 $1,050,000 · SALES TAX REVENUES April 1997 through April 1999 $950,000 - Holiday Season $850,000 .......... $750.000 $650,000 SALES TAX COMPARISON by AREA Y'I'D Through April Group 1993, 1994 1995 . 1996 . 1997 1998 . 1999 Total Sales Tax i $2,635,130 $2,665,380. $2,713,007 $2,712~707. $2,749,378. $2,878,374. $3,075,322 S 348th Retail Block 295,496 296,904 378,163 387,818 422,731 446,202 499,879 SeaTac Mall IMajor Auto Sales S 312th to S 316th Block Pavilion Center Hotels & Motels 420,725 427,013 96,613 106,096 34,181 31,980 ne ne 10,445 9,133 411,686 388,970 375,991 377,473 373,295 105,587 121,857 117,726 128,384 117.211 34,176 31,817 29,085 29,076 31,307 na 45,597 45,643 44,721 47,998 12,336 9,494 13,076 11,919 14.403 Change from 1998 $ Change % Change $196,948 6.8% 53,677 12.0% (4,178). -1.1% (11,173) -8.7% 2,231 7.7% 3,277 7.3% 2,484 20.8% Ci~ of Federal Way April 1999 Monthly Financial Report :{etail Trade .~ervices .~oostruction/C ont tact Nholesaling rransp/Comm/Utility Vlanufacturing ~o¥erFicllent :in/Ins/Real Estate 3ther $ 359,242 $ 325,104 $ 322.049 41211 33,802 27,271 28,264 2%510 3,660 3.346 4,270 COMPA~SON OF SALES TAX COLLECTIONS BY SIC CODE OROUP , 48.631 ' 61.745 24,655' 63,923 32,785 ' 57.953 28.357' 20,332 24~377 ' 27.692 5.424 4.929 5,014 ' 7,863 6,564 ' 7,200 $ 383,050 $ 370,376 55,851 62,105 32,013 ' 33,209 35,059 32,472 21,843 29,414 24,942 ' 31283 13,549' 6,317 5,792' 8,929 4,923 8,442 $ 389,988 56,017 33.251 38,623 28,992 6,286 8867 7,709 5 863 $ 409,819 $ 19830 54336 (1,681) 63,458 30,206 37,195 (1,428)' 23,025' (5,967) 26.510' 20,224 6.940 (1,926)' 6,563 (1,146) 5,614 ' (248)' 51% -30% 908% -3 7% -20 6% 321 7% -21 7% -14 9% -42% Gmup ;onstruction/Contract Vhotesaling T'ransp/Com m/Utility Vlanufacturing =in/Ins/Real Estate )ther 1~3 : 1~4 i 1M ,~ Actual : Actual Actual Actual '";? 55?) $ ' 'G0.")2; $ ~ "48.~37 $ ' 83 'G?9 213,218 188242 219,820 228,265 163,455 148,716 214,389 160,874 132,766 153,978 202,566 175,950 113,459 129,879 134.204 85142 92,435 102,000 117,283 139,973 22,503 22,493 26,976 36,868 23,271' 23,570 24,032 26,671 16,464 25,575 25,300 $ 1830841 263,129 175,866 139.099 121,260 134,417 27,6t3 29,343 21,285 27,790 Aclu~/ Actua/ $ ' 898 '99 $ 266.793 279132 203,849 251,350 178,446 181.000 117.302 118,340 106154 136.379 42,277 36,699 33,981 38.048 31,374 25,556 $ '!062" 5B*A 12,339 4.6% 47501 23 3% 2,554 1 4*A 1,038 09oA 30,224 285% (5,578) -13 2"A 4,066 12 0*A (5,819 -18~% ¥-~ ~$ 2J~,JSO, M8 j $ 300,~%%~4'1 J ~ 31J, l'tT.313 J $ 3tJ,141,~4 J $:.'325,4~ev2t~ J $' 338,e32.3~3 J $ 3~I,80Z,S1& { $ 23,170,2M ~ · SALES TAX ACTIVITY BY SIC CODE YTD through April 1999 Fin/Ins/Real Government Manufacturing 1.2% .,.... Estate 4.4% ' 1.2% Other 0.8% Trans/Com/Util 3.8% Wholesaling 5.9% Constr/Contract 8,2% Retail Trade 65.3% Services 9.1% 9 Cit~ of Federal WaF April ! 999 MonthlF Financial Report January February March Apnl June July August September October November 1~8.949 $ 202,396 80,908 65,621 56,212 72,702 78,549 249,510 84,173 102,473 105092 94,387 167.854 130,113 163092 96,629 106,684 97.514 100,392 82,804 146,484 64,606 $ 93,509 $ 95.366$ 52,253 ' 70,177 63,025 ' 84,096 83,156 ' 105,133 73.850 155,107 73,648 ' 133,203 107,801 133,081 70,258 ' 130,765 183,599 ' 123,913 82,369 ' 180,371 761809 ' 102,780 REAL ESTATE EX.SE TAX REVENUES 1990-1999 ' ',~. , ~, ~. ~,,,~'_'.i ' ....... ' ' 146.325 $ 163,211 $ ~,816 $ 94,719 119.717 101,508' 82.116 132,678' 166.282 186,187 189860 108,060 270,672 120432 295,736 231,911 324.962 181,490 137949 151,333 204,439 216,381 ' 143,877 60,317 110,335 104,765 104,661 118,511 125,954 107,066 105,825 91.969 93419 289,269 $ 232,454 65939 5,622' 80862 (29,473)' 203,522' 98,757 409 93o~ -26 7°/, 94 3°/~ 0 0°/ 0 0°/, 00o/, 0 0°4 0 o°/* 00°/~ O0°A December 114,07 8 65.105 132,917 160,199 188,999 132,448 120,363 - 0 Esr. REValue $ 240,703,600 $ 224,292,800 $ 199,937,000 $ 275,766,000 $ 342,739,440 $ 413,611,816 $ 240,000,000 $ 127,918,420 $ 61,472,061 n; $750,000 $600,0O0 $450,000 $300,000 $150,000 $- REAL ESTATE EXCISE TAx ACTIVITY Through April $639,592 !0 CiO' of Federal Way April 1999 Monthl}, Financial Report ......... 1995 ' i ~97 {" 1998 ' L_ 1999 Electric Gas Garbage Cable Phone Storm Drainage Cellular Pagers & Internet 41,908 28,574 17,502 676 33,377 14,103 407 286,597 559,313 1,800,058 118,052 219,376 519,109' 40,764 74,389 315,276' 56,787' 109,493 465,876 107,7~8' 241,902 955.375' 12,937 6,579 179,259' 38,950 91,659 387,416 1,400 2,724 11,400' 136,~1,9 t $ 381,768 408,089 $ 26,322 6.9°/~ 146,438 161,172 14,734 10.1°/( 52,466 48,450 (4,016)' -7.7o/( 114,546 127,520 ' 12,975 11.3°/( 258,333 273,385 15,051 5.8°/~ 9,788 3,288 (6,500) -66.40/( 90,150 t19,124 28,974 32.1°/( 2,791 2,337 (454) -16.3°/( 1, ,0~6,27S ! $ Storm Drainage 0.29% Phone 23.91% Utility Tax Revenue Through March, 1999 Cellular 10.42% Pagers & Internet 0.20% Cable Gas 11.15% 14.10% Garbage 4.24% Electric 35.69% I~ Electric · Gas ~] Garbage r'l Cable · Phone I~1 Storm Drainage · Cellular I-I Pagers & Internet GAMBLING TAX BY ACTIVITM YTD Through March ..... 1997Actual 1998Actual ' ' 19~)9Actual~ ' changefr~ t998 Activity %' 'l $ ! % .... t ~" ,,, % .... t "$ $ variance I ~ v~rlance, Games 0.'9% $ 87'3 1.0% $ 730 '0.5% $ 1,545 $ 815 na Punchboards 0.3% 275 0.0% 1.2% 3,878 3,878 na Pulltabs 80.1% 80,770 89.8% 66,427 26.4% 87,467 21,040 31.7% Cardrooms 18.7% 18,872 8.1% 5,982 71.9% 237,843 231,860 3875.7% Bingo 0.0% 1.1% 845 0.0% 0 (845) -100.0% Total 100.0% $ 100,790 100.0% $ 73,985 100.0% $ 330,733 $ 256,748 347.0% 11 Cit~ ol~ Federai Way April 1999 Monthly Financial Report Revenue Vlotor Vehicle Excise Tax Camper Excise Tax Liquor Profits Tax Liquor Excise Tax 0,rim Just Low-Pop/DCD Crim Just Hgh Crime Equalization Local Crim Just Fuel Tax Veh Lic Fees 635,528 $ 6,560 109,373 125,422 115,492 162,100 381,033 341,164 532,401 191,475 637126 $ 6.700 100,284 119,415 167,728 126,987 290,463 349,608 520.427 184,082 $ 587,2O4 $ 5,880 128,216 129337 72,531 315,276 319,774 487,795' 182,829 526055 $ 6,628 97~958 112.844 182,930 134661 206,984 351,385 52o,b5o 178,028 447,339 $ 474,066 $ 482.133 $ 510041 $ 27.908 58~ 6,492 6689' 6 661 6.825 164 25~ 102,169 116,124' 110695 108338 (2357) -21~ 114,775' 119,070' 120403 124354 3,951 33~ 116,039 63,737' 54,925 63402 8.477 154~ 121,603 140,719 173087 173,087 n~ 186,054 185,049 184,360 197937 13,577' 7 4~ 396,533' 426,347 427593 457945 30,352 7 1~ 528,569 526.271 531884 524620 (7,264) -14~ 191,702 193072 196690 198935 2,245 11 ~ DUI - Cities - - - 10.908 10,908 na []Veh Lic Fees · Fuel Tax CICriminal Justice [] Equalization ·Liquor [] MVET $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- STATE-SHARED REVENUES 1993-1999 12 CitF of Federal WaF April 1999 MonthlF Financial Report FINES & FORFEITURES Budget $569,871 $599,488 $613,226 $639,830 $680,000 $714,000 1999 Change~om Adopted Month Budget Actual $ Variance % Variance 1994 1995 1996 Actual Actual Actual 1997 Actual 1998 Actual Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec $35,198 $58,898 49,447 33,042 44.493 38,296 56,501 54,415 51,202 49,764 57,984 56,220 41,965 69,336 65,794 54,319 48,268 53.235 50,450 5Q022 46,068 50,281 44,828 40,104 $50,642 56,197 47,205 51,752 54,538 46,811 48,681 63,650 35,218 41,486 33,604 30,269 $36,755 38,609 46,673 51,192 52,978 50,903 53,016 65,748 56,801 56,376 45,810 67,590 $60,696 67,000 84,432 57,881 73,670 65,060 81,666 63,201 72,363 74,815 57,001 33,327 $50,540 54,512 59,851 63.806 62,101 63,881 61,299 71,691 58,952 59.518 55.157 52,693 $64,790 68187 87418 86,409 $14251 282% 13.674 251% 27,567 461% 22.603 354% Total $692,198 $607,932 $660,063 $622,462 $791,112 $714,000 $306,804 $78,096 34.1% % Change 7.9% 2.7% -7.9% 11.1% 27.1% -9.7% ' Included in Fines & Forfeitures are remittances from District Court for "Shared Court Costs" and "Court Record Services" FINES AND FORFEITURES YTD Through April $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 $91,532 $185,639 $184 $205,796 $270,009 $306,804 1991 1992 1993 1994 1995 1996 1997 1998 1999 13 Ci,q, of Federal WaF April 1999 MonthiF Financial Report January February March April May June July August September October November December BUILDING PERM]TS/ZONING FEES/PLAN CHECK FEES A~tu~l : A~ual $ 33,708 $ 36,051 39,795 47,671 61,117 52,296 61,936 63,273 61 i353 53,636 56,643 39,732 50,760 36,428 46.091 42,525 55,870 67,062 59,489 38,435 55,740 70,370 57,415 49,954 $ 48,383 $ 26,306 $ 59,934 $ 34,376 30,950 36,508 65,038 69,015 60,208 71,299 58,683 60,354 43,435 81,867 44,823 81,164 48297 95,791 51,060 95,510 50,280 55,171 65,217 57,030 64655 50,474 60,072 56,879 37,509 61,053 42,402 48,152 45,163 32,c~ 49,613 48,716 54,814 $ 53,165 $ 77,561 $ 33,057 45,879 67,315 60,598 106,758 144.686 130374 92,585 122,107 100,067 72,243 60,446 104383 77.897 148530 74,057 101,203 75,731 87,461 78.077 71,521 75143 67,393 62480 69822 24.396 43,937 70,633 27146 45 9% 72 7% 907% 36 7% 00% 0 0% 0 O% 0 0% 00% 00% 00% 0 0% Exp thru April 575,151 529,556 553,401 600,114 668,171 646,699 752,483 791,489 na na Recovery Ratio 34.2% 376%' 27 1% 28 4% 497% 311% 35 3% 545% ha. na YTD Recovery Ratio 394% 41 6% 390% 340% 357% 37 8% 36 9% na na na BBuilding Permits 1Plan Check Fees OZoning Fees [] Electrical Permits $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $- PERMIT/ZONING/PLAN CHECK FEES 1991-1999 1991 1992 1993 1994 1995 1996 1997 1998 1999-Adp 1999-Act 14 CitF of Federal Way April 1999 MonthlF Financial Report PERMITS/PLAN REWEWIEXPEDITED REVIEW/INSPECTION FEES t993.1999 1993 1994 1995 t996 1997 1998 i' "'~t : Actual $ Variance i $ Variance Actual ] Actual ~ Actual , Ac-lust ~ Actual i ; ' $ 16,198 $ 22,397 $ 12,719 $ 7,041 $ 16,188 $ 16,959 $ 19,293 $ 2.334 13.8°,4 Revet~ua January February March April May June July August September October November December Actual 1,855 2,403 1 O,58O 3,790 8,826 18,496 4,163 2,472 16,366 12,419 6,583 35,280 7,947 7,193 20,147 22,638 25,439 11,224 6,955 18,991 39,839 7,131 8,374 9,726 19,584 9,339 9,997 9,006 (32,125) 22,059 11,036 27,799 6,797 23,627 11,568 10,708 14,751 21,158 8,283 29,676 18,645 15,252 14,041 13,524 14,832 8,583 26,504 9,079 9,551 9,977 12,353 27,438 26,180 15,049 18,019 8,437 13,802 12,347 15,722 19,977 24,592 26,621 17,954 26,339 21,273 21,002 19,635 34,634 25,914 42,540 19,191 32,348 13,147 33,531 20,759 19,049 32,460 22,623 19,402 $ 5.6OO 43,177 $ 27,455 16,849 $ (7,743) 40.6°,4 174.6°,4 -31.5°A 0.0*A 0.0*A 0.0oA O.OOA O.OOA 0.0~ O.OOA O.OOA Monthly Average 9,914 12,071 14,890 16,435 15,735 25,535 19,298 8,227 2,304 Permits/Plan Review/Expedited Review/Inspection Fees Through April 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 1993 1994 1995 1996 1997 1998 1999- 1999- Adp Act · Zoning/Subdiv Fees CIPW Expedited Plan Review I-]PW Inspection Fees [] Plan Review Fees · ROW Permits 15 ces/Uses Beginning Fund Balance Operating Revenues Property Taxes Sales Tax Hotel/Motel Lodging Tax Criminal Justice Sales Tax Intergovernmental ATTACHMENT A CiTY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through April 1994 - 1999 Actuals t999 Revised Budget 1994 $12,181,738 817,464 2,555,380 341,164 1,580,885 1996 $11,403,627 871,600 2,713,007 349,608 1,514,432 1996 $10,331,641 1,606,134 2,712,707 351,385 1,330,879 1997 $10,396,188 1,548,061 2,749,378 396533 1,196,408 1998 $16,128,342 1,465,766 2,878,375 426,347 1,349,715 Annual Through April $17,264,368 $17,264,368 6,634,350 8,605,426 65,000 1,362,747 4,576,430 2,459736 2,877,973 427,593 1.751,250 Real Estate Excise Tax Gambling Taxes Utility Taxes Fines & Forfeitures Building Permits/Fees-CD Pass Through Fees-CD ROW Permits/Fees-PW Pass Through Fees-PW Licenses Franchise Fees Recreation Fees Dumas Bay Centre Knutzen Family Theatre Interest Earnings Admin Fee-SWM & Solid Waste 590,229 69,828 185,639 199,291 61,043 30,097 181,099 131,657 24,992 73,110 291,943 113,845 184,651 150,217 51,986 33,761 186,359 122,089 65,393 39,716 50,128 354,772 154,500 232,273 205,796 170,486 61,805 31,363 98,171 131,179 73,330 54,444 51,632 475,230 138,264 1,093,408 173,230 328,966 51,208 33,045 222,980 132,298 74,782 109,046 54,245 531,326 91,739 1,706,863 270,009 201,066 56,949 24,356 333,089 152,899 99,977 174,709 55,330 1,200,000 332,232 509,600 293,950 4,633,769 1,699,701 714,000 228,709 853,193 265,565 239,573 71,076 123,201 r 49,317 494,255! 220,972 501,343! 152,572 429,609I 114,597 59,030; 19,677 1,040,1391 117,966 168,478 56,159 SWM Fees Refuse Collection Fees Police Se~ices Other 295,588 49,612 274,822 49,916 204,949 48,091 407,999 48,350 38,939 138,192 485,544 49,109 40,540 219,110 3,120,302 359,900 148,524~ 49,508 138.432 17,187 139,765 9.050 32,138 10,456 29,483 Total Operating Revenues 7,219,216 7,073,929 7,903,378 9,410,661 10,612,818 36,767,1661 11,674,692 89,078 121,489 96,894 165,681 88,532 158,284 502,135 152,843 164,286 894,O71 2,814,556 161,368 1,022,001 765,710 383,761 85,851 139,331 1,227,264 2,794,678 201,572 989,408 874,901 96,550 208,600 472,137 168,666 156,199 927,043 3,204,186 205,559 822,111 866,845 Operating Expenditures City Council City Manager "mcipal Court-Start up ~gernent Services , Legal Services Criminal Legal Services Corem Developement Services Police Services Jail Services Parks & Recreation Public Works 99,062 205,560 446,484 173,017 264,108 736,212 3,727,873 196,986 879,509 948,982 449,511 129,164 142,898 1,336,363 2,696,765 135,576 891,168 631,973 219,841 113,774 587,110 200,870 1,947,613 525,131 522,356 169,685 1,210,809 341,725 3,048,376 1,026,422 12,049,356 4,087,151 875,000 243,676 3.065,364 953574 3,444,273 939,456 City Overlay Program Snow & Ice Removal Solid Waste HotellMotel Lodging Tax Surface Water Management Debt Service Dumas Bay Centre Knutzen Family Theatre (1) 234 42,383 335,925 1,101 57,565 23,838 40,556 350,248 2,006 84,348 2,745 15,490 49,172 461,464 3,123 106,226 38,877 50,364 85,746 526,715 2,183 124,761 88,155 24,449 74,505 472,180 2,184 125,559 2,018,311 55,076 299,727 65,000 1,749,884 5.293,482 467,436 159,030 18,554 10,978 59,742, 549,785 6,232 138,363I 53.010 Total Operating Expenditures Operating Revenues over/(under) Operating Expenditures Other Financing Sources Other Financing Uses Ending Fund Balance 7,396,649 (177,333 1,461,177 7,124,981 7,362,00;[ (61,062)1 641,372 335,916 807669 7,966,642 1,464,019 112,418 294619 8,464,826 2,147,992 1,843,700 1,403,257 37,078,044 (1,320,878) ~ 6093,596 9,133,355 9,438,129 2,136,663 1329.366 3525592 Solid Waste Snow & Ice Arterial Street Utility Tax SWM Path & Trails Strategic Reserve Debt Service F}umas Bay Centre I m terfund Loans Unreserved Total Endlna Fund Balance 111,484 1,563,848 2016,324 29,109 2.150,560 1.657,809 562,661 188,505 191,274 971,893 1,702,890 39,284 2,104,645 1,936,991 157,897 1031439 296,991 73,358 470,902 213,050 103,239 362,100 1,077.666 5021O 2,050,477 1618,909 115,131 60,000 10,000 2,391433 2,681,841 4,474,462 $10,643,2281511,016,669' $10,066,244 Note I These expenditures occur primarily during the winter months 1,566,522 6,153 2,022,389 2,986.805 83,742 1,082,207 300,000 10,000 2,768,937 $11,668,006 294,316 103,530 477,375 2,120,030 2,276,459 12555 2,025,496 5,283,482 13,286 786,441 300,000 10,000, 3,532,267 ~ $17,236,237 285.378 100 000 2,847359 1,321.384 21598 2,000000 4447 344 (0) 669 334 300000 10000 1,422807 !$13,426,203i$17,194,706 Actuals ! Variance Through i Favorable (Unfavorable April I Dollars ($) i Percent (%) $17,264,368 $ 0.0% 2,459, 736 (0) 0 0% 3,075,322 197,349 6 9% n/a 457,945 30,352 7.1% 1,918,447 167,196 9 5% 639,592 307,360 925% 390,252 96,302 32 8% 1,885,997 186,296 11 0% 306,804 78,095 34 1% 406,553 140,988 53 1% 25,124 25,124I n/ai 91,163 20,087 I 283%1 7,558 7,558I n/ai 71,341 22,024 I 44 7%~ 220,578 (394) -02%~ 186,636 34,063 22 3%m 150,254 35,656 311%~ 9,069 (10,608) -53 9%~ 374,332 256,366 217 3%u 58,581 2,422 4 3%m 389,255 29,356 ~ 8 2%11 37,320 (12,188)i -246% 144,625 127,439 741 5% 33,570 24,520 270 9% 13,340,064 1,766,362 i 16.3% 113,17~c 595 05% 214,282 (13,412)1 -6 7% 8,748 (8,748)[ n/a 519,703 5,428 10% 230,905 (61,219 -36 1% 311,416 30,308 8 9% 985,844 40,578 4 0% 4,032,615 54,536 13% 277,962 (34,286) -14 1% 859,293 94,281 9 9% 890,943 48,513 5 2% 18,554 0 0% 5,559 5,419 49 4% 61,019 (1~277) -2 1% n/a 482,535 67,249 12 2% 102 6,131 984% 152,091 (13,728) -9 9% 32,652 20,358 38 4 % 9,197,402 240,726 I 2.6% 4,142,662 2,006,088 93.9% 1,329,366 00% 3,525,592 0 0% 275,441 n/a n/a 100, 251 n/a n/a 1,605, 571 n/a n/a 2,887,854 n/a n/a (32,269) n/a n/a 15,447 n/a n/a 2023342 n/a ¢ n/a; 6,136 281 n/a n/8 39, 739 n/a n/8 748,150 n/a n/a 300.000 n/a n/a 10,000 ~ n/a ' n/a 5,090,988 ~ n/a n/a $19,200,796 i $~,006,088 r 11.7% 5/25~993:27 PM MEETING DATE: June 1, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: ..................... ~?~.g.~.~!!..o..n...! ~.t.!~..¢..o...m....J.!~...s.~ ..m.P.~k..a..a.!~.d.. ~¥..a..y... 5...!..9..9...9.: ........................................................................ ...................................................... SUMMARY/BACKGROUND: The Land Use Transportation Committee at its May 17, 1999, meeting voted to recommend to the City Council that Hope Elder fill the vacant seat on the Planning Commission created by the resignation of Commissioner Jim Sempek. CITY COUNCIL COMMITTEE RECOMMENDATION: Approval CITY MANAGER RECOMMENDATION: t! j,~' - , ~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # CCCOVER-5/24/94 May 1, 1999 James H. Sempek 1421 SW 307m Street Federal Way, WA 98023 RECEIVED ':~ r£DE:qAL V/AY City of Federal Way City Clerk's Office 33530 1st Street South Federal Way, WA 98003 RE: Planning Commission Resignation Dear Mayor and City Council Members: RECEIVED 19.9g "' ~U~L WAy During the fall of 1998, I accepted a commission to the Federal Way Planning Commission with full intentions of serving a full term. I have certainly enjoyed all the members and their sincere efforts to make Federal Way the finest community in the south Puget Sound area. I am taking an early retirement or semi-retirement in order to fulfill my dreams of returning to southeastern Idaho to enjoy the outside activities the area has to offer. I also have family in that area and am looking forward to spend time with them. Living in Federal Way for the past ten years has certainly been a pleasant experience and I would hope the community would continue to grow in an orderly manner as directed through the comprehensive plan. I want to thank you for allowing me to serve on the commission and wish all the members of that commission the best in all they must deal with. My resignation is effective immediately. ./~me; SemPek P. ~ I will leave the commission binders I have with the City Clerk's office next week. CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Consent to Sale of Federal Way Disposal, Inc. to Washington Waste Hauling ....................................................... .a. . . .n.a. . . y. . .c. .l. . . . . . C:. .................................................................................................. ........................................................ CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum w/attachments to the April 27, 1999 meeting of the Finance/Economic DevelopmenffRegional Affairs Committee Draft Ordinance to Authorize Sale Subject to Revised Franchise Agreement SUMMARY/BACKGROUND: The City's franchised garbage hauler, Federal Way Disposal (FWD), is in the process of being purchased by Washington Waste Hauling and Recycling, Inc., a subsidiary of Waste Management, Inc. (WMI). Several enhancements to the franchise agreement are designed to protect the City's interests regarding this ownership transfer. WMI has agreed to these franchise agreement changes, including agreeing to no rate increases for the remainder of the franchise term (through 2001). CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 27, 1999 meeting, the Finance/Economic Development/Regional Affairs Committee made the following recommendations: Approve the sale of Federal Way Disposal to Waste Management Incorporated, conditioned to the attached amended franchise agreement. Direct staff to prepare the appropriate ordinance adopting these franchise agreement changes, subject to WMI's execution of the amended franchise agreement. Forward this item to the May 18, 1999 City Council meeting consent agenda with a recommendation for adoption of the appropriate ordinance. CITY MANAGER RECOMMENDATION: Adopt ordinance consenting to sale and amending Franchise Agreement. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION I:\FWD-SALE.SWR COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # /tern CITY OF FEDERAL WAY -- CITY COUNCIL FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE Date: From: Subject: April 22, 1999 Cary M. Roe, Public Works Director~'~°t~ Bob Sterbank, Deputy City Attorney'-/~- Sale of Federal Way Disposal, Inc. to Washington Waste Hauling & Recycling, Inc. (a Waste Management Inc. Subsidiary) Executive Summary_: Last October, the City received notice from its franchised garbage hauler, Federal Way Disposal (FWD), that an agreement in principal had been reached with a subsidiary of Waste Management, Inc. (WMI) for the sale and acquisition of Federal Way Disposal.' Under the City's existing franchise agreement with FWD, the City has the right to consent to or reject any assignment or sale of Federal Way Disposal. Accordingly,. City staff retained outside' counsel to review the proposed transaction., and the record and qualifications of the buyer, '- WMI, in order to make a recommendation to Council as to whether to approve or reject the sale. Specifically, staff: Reviewed the purchase and sale agreement between FWD and WMI Reviewed financial records and securities filings related to FWD and WMI Reviewed the litigation history related to FWD and WlVlI Consulted with other municipalities regarding their experiences with WMI Prepared and negotiated clarifications to .the existing franchise agreement to address concerns raised by the foregoing review Discussion: The review process is now complete, and a summary of findings follows. 1. The purchase and sale agreement between FWD and WMI is acceptable. Regarding financial records, FWD shows a loss on paper which is more reflective of the way the company's shareholder assets are currently managed, than the revenue and operating costs the City understands are necessary to operate the franchise. WMI also shows a loss due to its recent mammoth expansion (the 1998 merger of the first- and third-ranked national hauling companies). This could put pressure on the new franchisee to either cut corners or attempt to increase rat[s. To protect against this possibility, several changes to the existing against the franchise agreement were prepared. These include: A "freeze" on rates resulting from WMI's operating cost increases through, the existing FEDRAC Memorandum April 23, 1999 Page -2 term of this franchise, except for "pass throughs" of disposal increases by King County, or disposal cost decreases that may result from direction of tonnage to facilities owned by entities other than the County. This freeze in turn means that any merger and acquisition costs are not eligible for rate increases, and that any "paper" losses incurred by the current owner are ineligible as an allowable operating cost requiring rate. Regarding the litigation history related to WMI, an extensive search highlighted legal issues that have arisen for both USA Waste and the former Waste Management Incorporated (the two companies which have now formed under the name "Waste Management, Inc"). WMI presently possesses a comparatively clean legal record in the Pacific Northwest, but elsewhere a variety of legal issues have arisen. To protect against this, several changes to the existing franchise agreement were prepared. These include: A provision specifically requiring the franchisee to comply with all laws in performing its obligations, and providing the City the ability to terminate the franchise if the '- franchisee fails to comply with any laws material to the franchise. Expanded "Liquidated Damages" provisions to penalize failure to perform key obligations under the franchise. Staff also consulted with other municipal references regarding their experiences with WMI. This yielded several suggestions for handling issues that commonly arise from the operation of solid waste franchises. As a result, the new agreement clarifies provisions regarding any future potential ownership transfers, and augments specific liquidated damages for failure to perform key obligations under the franchise. Finally, City review of the existing franchise provided the opportunity for many "housekeeping" changes to the franchise agreement to standardize terms and provide better readability. One area highlighted is expansion of t_Se ',,,'inter collection of yard waste from once per month in December and January, to every other week. Attachment 1 to this memorandum contains a strike-out/underline version of the revised franchise agreement to provide a complete picture of these changes. Conclusion: With the expanded resources available from a huge corporation such as WMI, good potential exists for improvements to collection efficiency and operating s~tfety. Enthusiasm for these improvements, however, is tempered by the reduction in competition presented by WMI's acquisition of FWD, and by the WMI's operating history elsewhere in the country and with other jurisdictions in this region. Staff believe that revisions to the franchise agreement will work to ensure that the City's ratepayers continue to receive high-quality service k, ithout facing a near-term rate increase. The agreement will also help to protect the interests of the City at large as the process begins in the coming months to solicit a successor to this franchise FEDRAC Memorandum April 23, 1999 Page -3 (which expires at the end of 2001). With these improvements in place, staff is able to concur with this proposed transfer in ownership. Recommendation for Committee: 1. Approve sale of Federal Way Disposal to Washington Waste Hauling & Recycling, conditioned on WWH&R's execution of an amended franchise agreement. 0 Direct staff to prepare the appropriate ordinance adopting franchise agreement changes, subject to WMI's execution of the amended franchise agreement. Forward this item to the May 18, 1999 City Council meeting agenda with a V/ recommendation for adoption of the appropriate ordinance. Attachments: 1. Amended Solid Waste and Recycling Franchise Agreement APPROVAL OF COMMITTEE REPORT: Committee Chair: Mary Gates tlCommittee Member: Linda Kochmar Committee Member: Jeanne Burbidge K:~PUBWORK~FWD-SALE.SWR ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONSENTING TO THE SALE OF FEDERAL WAY DISPOSAL CO., INC. AND AMENDING THE CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION, AND SETTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICE (AMENDS ORDINANCE NOS. 94-221, 95-236, AND 98-321), DRAFT WHEREAS, Federal Way City Code CFWCC") Section 12-52 provides that garbage collection shall be made by garbage and refuse collection companies as authorized by the WUTC pursuant to RCW ch. 81.77 and under franchise with the city for such collection; and WHEREAS, garbage and recycling collection within the City of Federal Way is currently provided by Federal Way Disposal Co., Inc., under the City of Federal Way Franchise for Solid Waste and Recycling Collection dated March 16, 1993; and WHEREAS, Section 12 of said Franchise provides that neither the franchise nor any interest in the rights or responsibilities of the franchisee shall be sold, assigned, transferred or sublet either voluntarily or involuntarily without the prior written consent of the City, nor shall any interest in the franchisee's business affected by the Franchise be sold without such consent having been given; and WHEREAS, on October 28, 1998, Federal Way Disposal Co., Inc. formally notified the City that Waste Management, Inc. had entered into an agreement to acquire control of Federal Way Disposal, and requested that the City of Federal Way approve such acquisition; and ORD # , PAGE 1 WHEREAS, the Stock Purchase and Sale Agreement between Federal Way Disposal Co., Inc. and USA Waste of Washington, a wholly-owned subsidiary of Waste Management, Inc., provides that the transaction shall not close until all governmental authorities whose consent is required have consented to the sale of Federal Way Disposal Co., Inc.; and WHEREAS, USA Waste of Washington, Inc. has merged with and is now known as Washington Waste Hauling & Recycling, Inc.; and WHEREAS, City of Federal Way staff have reviewed the proposed transaction and the operating history and practices of USA Waste of Washington, Washington Waste Hauling & Recycling, Inc. and Waste Management, Inc., and have provided the results of said review to the City Council; and WHEREAS, the City Council desires to consent to the proposed sale of Federal Way Disposal Co., Inc., provided that such consent is conditioned upon necessary amendments to the Franchise to protect the City of Federal Way and the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby makes the following findings of fact: A. Federal Way Disposal Co., Inc. shows a loss on paper which is reflective of the way the company's shareholder assets are currently managed, rather than the revenue and operating costs necessary to operate the franchise. Waste Management's financial records also show a loss due to its recent expansion (the 1998 merger of the first- and third-ranked national hauling companies). These two factors could lead Washington Waste Hauling & Recycling to ORD # , PAGE 2 increase rates, to pay for merger and acquisition costs or cover any "paper" losses incurred by Federal Way Disposal Co., Inc. To protect the City of Federal Way and its ratepayers against this possibility, current solid waste collection rates must be frozen through the existing term of this franchise, except for "pass throughs" of disposal increases by King County, or disposal cost decreases that may result from direction of tonnage to facilities owned by entities other than the County. B. Waste Management Inc. and/or its subsidiaries have been involved in extensive litigation throughout the country, including litigation concerning disposal practices. Waste Management Inc. subsidiaries in the Pacific Northwest, however, presently possesses a comparatively clean legal record. To protect the City of Federal Way against the potential for litigation of the type that has arisen elsewhere in the country, several changes to the existing Franchise are necessary, including: 1. a provision specifically requiring the franchisee to comply with all laws in performing its obligations, and providing the City the ability to terminate the franchise if the franchisee fails to comply with any laws material to the franchise; and 2. detailed "Liquidated Damages" provisions to penalize failure to perform key obligations under the franchise; and C. Waste Management and/or its subsidiaries have been involved in disputes concerning transfer of franchises to and/or from Waste Management and/or its subsidiaries. To protect the City in the event of such disputes in the future, revision of the Franchise provision concerning assignment and transfers are necessary. ORD # , PAGE 3 Section 2. Consent to Sale of Federal Way Disposal Co., Inc. The City of Federal Way hereby conditionally consents to the sale of Federal Way Disposal Co., Inc., to Washington Waste Hauling & Recycling, Inc., via the Stock Purchase and Sale Agreement Among USA Waste of Washington and Bruce Leven dated October 29, 1998. The City of Federal Way's consent is conditioned upon Washington Waste Hauling & Recycling, Inc. 's agreement to and execution of an amended City of Federal Way Franchise for Solid Waste and Recycling Collection, in the form attached hereto as Exhibit A. Failure of Washington Waste Hauling & Recycling, Inc. to execute the amended Franchise in the form attached as Exhibit A within fifteen (15) days of the date of this Ordinance shall render the consent given in this section null and void without further action by the City of Federal Way or its City Council. Section 3. Amendment of Franchise. The City of Federal Way Franchise for Solid Waste and Recycling Collection dated March 16, 1993 and amended by Ordinance Nos. 94-221, 95-236, and 98-321, is hereby amended as set forth in Exhibit A attached hereto. The City Manager is authorized to execute the amended Franchise following receipt of the amended Franchise executed by Washington Waste Hauling & Recycling, Inc. Section 4. Rates for Service. The rates for solid waste and recycling collection and disposal service shall be as set forth in Section 34 of the Franchise, as amended in Section 3 of this Ordinance above. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other ORD # , PAGE 4 persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after: (1) execution of the Franchise for Solid Waste and Recycling Collection attached hereto as Exhibit A; and (2) passage and publication of this ordinance, as provided by law. PASSED by the City Council of the City of Federal Way this day of June, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\SWCOnsen. sal ORD # , PAGE 5 CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION 5007932304 TABLE OF CONTENTS Page 1. Waiver ..................................................................................................................................... 2 2. Definitions ............................................................................................................................... 2 3. Scope of Work ........................................................................................................................ 7 4. Exclusive Right and Anti-Scavenging .................................................................................... 9 5. Duration of Franchise ............................................................................................................. 9 6. Recyclable Matefiatss Materials Designated .......................................................................... 9 7. Yard Waste Collection ............................................................................................................ 9 8. Collection Requirements ....................................................................................................... 10 9. Company Name .................................................................................................................... 14 10. Annexation ............................................................................................................................ 14 11. Billing Service ...................................................................................................................... 15 12. Assignment ........................................................................................................................... 15 13. Processing Requirements ...................................................................................................... 15 14. Transportation and Marketing Requirements ....................................................................... 15 15. Publicity and Public Education Requirements ...................................................................... 16 16. Reporting Requirements ....................................................................................................... 16 A. Monthly Project Reports .............................................................................................. 16 B. Quarterly Project Status Reports .................................................................................. 17 C. Annual Reports ............................................................................................................. 18 D. Ad Hoc Reports ............................................................................................................ 19 E. Additional Information ................................................................................................. 19 F. Books, Records, and Audits ......................................................................................... 19 17. Performance Bond ................................................................................................................ 19 18. Personnel Practices ............................................................................................................... 20 A. Non-Discrimination ...................................................................................................... 20 B. OSHA/WISHA ............................................................................................................. 20 C. Training ........................................................................................................................ 21 D. Prevailing Wage or Collective Bargaining Agreement ................................................ 21 E. Franchisee's Personnel ................................................................................................. 21 19. Franchise Administration ...................................................................................................... 22 20. Insurance ............................................................................................................................... 23 A. General Requirements .................................................................................................. 23 B. Coverage ....................................................................................................................... 23 C. Minimum Limits ........................................................................................................... 24 D. Required Endorsements ................................................................................................ 24 E. Standard Limits ............................................................................................................ 25 F. Endorsement for Additional Insured ............................................................................ 25 G. ACORD Form .............................................................................................................. 26 H. Workers' Compensation ............................................................................................... 26 I. Compliance Required ................................................................................................... 26 (i) 50079323 04 21. Assignment, Sub-Franchising, Delegation of Duties ....................................................... 26 ~ A. A~igm-_ent~ 24 22. Failure to Peffo~ Fr~chise Obligations ............................................................................. 29 A. Liquidated Dmages ..................................................................................................... 29 B. Bmptcy ................................................................................................................... 30 C. Laws to Govern Venue, AUomey Fees ........................................................................ 31 D. Fail~e to Perfo~ ........................................................................................................ 31 E. Enforcement of Agreement .......................................................................................... 31 F. ~ght to Require Peffo~ce ...................................................................................... 32 G. Illegal Provisions .......................................................................................................... 32 H. Force Maje~e ............................................................................................................... 32 23. T~es ..................................................................................................................................... 32 24. Hold H~less ~d Indemity .............................................................................................. 32 25. Complaints ............................................................................................................................ 33 26. LiUer ...................................................................................................................................... 33 27. H~dous Waste Notification .............................................................................................. 33 ,~.°° ,~,,,,~u~l,, ,~,,~*~ ,,,~a,~:~,,~ ~,,,~, ....... ~ ,o~ ,~9 28 .......................................................................... Rese~ed 33 29. Management Performance Requirements ............................................................................. 33 A. Franchisee's Responsibilities ....................................................................................... 33 B. City's Responsibilities .................................................................................................. 35 30. Modification .......................................................................................................................... 36 31. Effective Date ....................................................................................................................... 36 32. Damage to Property .............................................................................................................. 36 33. Payment of Claims ................................................................................................................ 36 34. Rates ...................................................................................................................................... 36 35. Service to New Customers .................................................................................................... 37 36. City Owned Property and Buildings ..................................................................................... 37 37. Severability ........................................................................................................................... 38 38. Capital Expenditures ............................................................................................................. 38 39. Transition to Next Contractor ............................................................................................... 39 (ii) 50079323 04 CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION The City of Federal Way, Washington, a Washington municipal corporation (hereinafter "City"), grants to t:~a~,,,~ u;~.. r~: ..... ~ .......... ., ~--ov .... Compaq)', Inc.,Washington Waste Hauling & Recycling, Inc., a Waste Management company, a corporation qualified to do business in Washington (hereinafter "Franchisee"), a Franchise for Solid Waste and Recycling Collection ("Franchise") as set out more fully herein, which the Franchisee hereby accepts. The parties agree as follows: A._:. Recitals: WHEREAS, the City of Federal Way incorporated on February 28, 1990; and 9.qHEP, EAE, the Franc~:'gee A.1 The Federal Way Disposal Company ("Federal Way Disposal") had a franchise through the Washington Utilities and Transportation Commission CW.U.T.C.") for the collection of sogd-was~ Solid Waste for a major portion of what is now the City; and WHEP, EAE, A.2 State law requires that any W.U.T.C. franchise for gelid ,,vaste Solid Waste and recycling collection existing at the time of incorporation continue for a period of five years; and xx~uxxx>r:....~.~.A.o,e .~,~._~ r~:..,_..j ~o..~oa~o:-~o ~.~ grant, A.3 The City granted and Franchisee ~^1;,4 deg:.reg tv..vbta:~a obtained, a municipal franchise for the provision of ..... wagte Solid Waste and recycling collection; and 9. ~n-!EP, EAE, :.t A.4 It is in the best interest for the public health, safety and welfare that the City grant a franchise for the provision of these services; and :~ a, ..... ;~,,~ xxz U w C c~,~,,~,,~,~ A.5 Federal Way Disposal waived any rights it had under RCW 35.02.160 and RCW 35A.14.900 or otherwise related to Solid Waste collection in the City as consideration for entering into this Franchise and agreed to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franch;,se such rights and entering into this municipal franchise; N©W,'ru~r~xrw~r~r:...._,..~. ...~, A.6 Franchisee acquired the assets of Federal Way Disposal and desired to assume the rights and obligations of Federal Way Disposal under its franchise with the City. as fo!lows: A.7 The City agreed to assign the franchise held by Federal Way Disposal to the Franchisee on the terms and conditions set forth herein. This is a continuation of the 5007932304 -1- franchise held by Federal Way Disposal with certain modifications deemed necessary by the City related to the assignment to the Franchisee. A.8 The Franchisee represents and warrants that it has the authority to enter into this Franchise and that this Franchise has been duly authorized by proper action of the Franchisee. 1. Waiver. The Franchisee hereby waives any rights it may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and agrees to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franchise and entering into this municipal 5anckise Franchise which constitutes the franchise required under RCW 35.02.160 with respect to City boundaries as of February 28, 1990 and the franchise required under RCW 35.13.280 and 35A.14.900 with respect to areas annexed to the City after February 28, 1990 and served by the Franchisee pursuant to this Franchise. 2. Definitions. As used in this Franchise the following definitions apply: A. "Collection Company" means the persons, firms or corporations or combination thereof certified by the Washington Utilities and Transportation Commission ("W.U.T.C.") pursuant to chapter 81.77 RCW to engage in the business of operating as both a gadmge Garbage and refuse collection company, including an authorized franchisee for the collection of recyclable materials under this Chapter in areas including all or part of the City. B. "Commercial Customer" shall mean a non-residential, non-industrial customer. C. "Commingled Recyclable Materials" shall include at a minimum: uncontaminated paper items including: cardboard, mixed water paper, newspaper, and magazines; and containers including: HDPE and PET labeled plastic bottles, and steel and aluminum cans, provided that such containers are empty of their original contents, clean and did not originally contain hazardous substances. Service provider may accept additional recyclable materials not on this list at their sole discretion. D. "Detachable Container" means any g~bag~ Garbage or recycling receptacles compatible with the Franchisee's equipment that is not a mini-can, standard gadm~ Garbage can, gadmg~ Garbage unit, or mobile toter. Drop boxes are considered detachable containers. Detachable containers are generally provided by Federal Way Disposal, but may be owned by customers at the customer's request and with the Franchisee's approval. E. "Director" means the Director of the Public Works Department. F. "Eligible Household" shall mean a residence containing not more than four (4) dwelling units and in which each unit receives single-family residential service. -2- 500703230~ G. "Environmental Damage" as the term used in this ckaptcr Franchise shall include but not be limited to damages, costs, claims and liabilities for alleged injury, harm or degradation to the air, soils, surface water or ground water, damages, costs, claims and liabilities for personal injury or property damages (including diminution or destruction of property values) arising from any such alleged injury, harm or degradation. This term shall also include any investigative, response or remedial costs or liabilities that may be incurred or imposed under CERCLA, 42 USC {}9601 et seq.; RCRA, 42 USC {}6902 et seq.; the State Water Pollution Control Act, RCW chapter 90.48 RCW; the Washington Clean Air Act, RCW chapter 70.94 RCW; the State Hazardous Management Act, RCW chapter 70.105 RCW; the State Hazardous Waste Fee Act, RCW chapter 70.105A RCW; and other Federal or State environmental laws: ~aste-fe~fi~ or that is related to Hazardous Waste. H. "Extra Unit" is defined as gar-lm~ Garbage set out in addition to the amount of service subscribed to by the customer, such as large items as flocked Christmas trees and garbage Garbage in boxes, cartons, bags, gar-bag~ Garbage receptacles, etc. Each extra unit is from one to 32 gallons and shall not exceed 32 gallons, 4 cubic feet or 65 lbs. (including contents). An extra unit charge shall be levied when an extra unit is set out by a customer and collected by the Franchisee. I. "Franchisee Retainage" means the amount of the monthly rate per account that shall be retained by the Franchisee from actual cash collections in consideration for the cost of service. J. "Garbage" means all accumulation of refuse, swill, and other sogd-was~ Solid Waste matter not intended for recycling or reuse and discarded as of no further value to the owner. 1. "Refuse" means waste matter discarded as of no further value, including broken concrete, plaster, brick, other building materials, building waste, fire refuse and waste, ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot- water tanks, bottles, barrels, cartons, and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, automobile bodies, and large auto parts. 2. "Swill" means all accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "Garbage" excludes recyclable materials intended for recycling under this Chapter, yar-d-was~ Yard Waste, manure, sewage and sewage sludge, dead animals over fifteen (15) pounds, and cleanings from public and private catch basins, wash racks or sumps and Hazardous Waste. Collection and disposal of matter excluded from the term "Garbage" shall be as otherwise provided by law. -3- 50079323 04 K. "Garbage Receptacle" includes detachable containers, mini-cans, standard Garbage can, b~-bage Garbage unit and/or mobile toters. L. "Garbage Units" means secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed sixty-five (65) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or securely tight cartons or other receptacles not intended for recycling under this Chapter and able to be reasonably handled and loaded by one person unto a collection vehicle. M._ "Hazardous Waste" means any waste, material or substance (other than household hazardous wastes as defined under WAC 173-315-020), that is: defined as hazardous by 40C.F.R. Part261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; 2_. defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; or 3. certain waste that after the effective date of this Franchise comes within the scope of (1) or (2)of this definition as determined by a govemmental entity with jurisdiction. Notwithstanding the foregoing, any waste that after the effective date of this Franchise ceases to be included in (1) or (2) of this definition as determined by a governmental entity with jurisdiction shall not be deemed Hazardous Waste. N._ "Industrial Customer" shall mean any commercial customer for municipal sc,!'~ waste Solid Waste collection services in the City generating in excess of one hundred seventy-five (175) tons of municipal sotid--was~ Solid Waste per week on an on-going basis. N O. "Industrial Waste" shall mean and include waste generated as a by-product of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal, plastic, scrap lumber and dunnage, and other materials incidental to and connected with manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous", or "Special Waste", as described herein. -4- 5007932304 O P. "Mini-Can" shall mean a ten or twenty gallon can used for the collection of residentiale,~n~'~we,~ Garbage by the Franchisee. These cans shall be provided by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned to residences for the health, safety, convenience and general welfare of the occupants. ia O. "Mobile Toter" means a moveable receptacle which holds sixty (60) to (90) gallons at a maximum of two hundred (200) pounds of ~ Garbage, and a hinge type and lid with tight fit, thick-skinned, one-piece balanced weight body which sits on tires, which will be picked up at curbside with hydraulic equipment. These toters shall be provided to customers subscribing to toter service by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned for the health, safety, convenience and general welfare of the customers. I~ R. "Multiple-Family Complex" shall mean a structure containing five (5) or more dwelling units. g: S. "Multi-family Customer" shall mean residences containing five (5) or more dwelling unTts not selecting single family residential service for each unit. $ T. "Payments to the City" means the amount of the rate per account less the ~anck:.se Franchi-~e retainage amount that shall be paid to the City within thirty (30) days from the billing of customer accounts. :1: U. "Person" means every person, firm, partnership, association, institution, or corporation in th~' City of Federal Way accumulating gar4mg~ Garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupation and/or the owner or any premises for which service herein mentioned is rendered. ~ V. "Recycling Receptacle" includes the following: 1) designated bins, mobile toters or detachable containers in which recyclable materials can be stored and later placed at curbside, alley side or other location designated by the Director or the Franchisee with the concurrence of the Director. 2) designated commercial detachable containers and compactors at locations as may be specified by the Director or 3) any bag, box or containment unit set out by the customer that is clearly identifiable to collection personnel by means of a label or sign, as containing ~ Recyclable Materials, which must also be collected by collection personnel when ~ Recyclable Materials are collected, except when such containment units exceed sixty-five (65) pounds in weight. ¥_ W. "Recyclable Materials" means waste materials generated in the City of Federal Way capa"~le of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and non-ferrous cans, 50079323 04 -5- HDPE and PET plastic bottles (bottles are defined as having a neck) except bottles that once contained dangerous or household hazardous waste, mixed paper, magazines, and cardboard accumulated and intended for recycling or reuse and collection by the Franchisee. This term excludes all dangerous ......, ~.~o* .... ~..~a ..~ ~ ~~' .... ~ ......... .,.~.~*~ ~...~c'-~A ...;- ~---v~-~" ~*~ -m, ~. ~. n~ ..~t~ r-u~,, ~.,-~ chapter -m ~n~ ^ P. CW, .... a ....... · .... .~a o..,;4.. ..... .. ,~o~0 Hazardous Waste, Yard Waste and Solid Wastes intended for disposal in a land fill, incinerator, or solid waste Solid Waste disposal facility under WAC chapter 173-304 WAC. All recyclable materials intended for collection by the Franchisee shall remain the responsibility and ownership of participants until such materials as contained in recycling receptacles are placed out for collection by the Franchisee. Materials then become the responsibility and the property of the Collection Company or authorized contractor subject to the right of the participant to claim lost property of value. ~X. "Residential customer" shall include both eligible households and multiple-family customers as defined herein. X Y. "Single Family Residential Service" shall mean collection service provided by collection company to customers which are neither commercial nor industrial businesses. This service shall include separate curbside collection of source-separated recyclable materials listed in Section 3.B. of this frmnshis~ Franchise without extra charge. YZ_. "Solid Waste" shall be as defined under WAC 173-304-100(73), and includes refuse with the exception of sludge from wastewater treatment plants and septage, fram Waste. 7 ,,(2~1~1 xtli,~o,~ TI+Hi+.. "ok~l! from septic tanks, and also excludes Hazardous AA. "Solid Waste Utility" shall mean that fund of the City of Federal Way managing the financial and administrative responsibility for sohd-,,vas~ Solid Waste collection and disposal and recycling. P~ BB. "Solid Waste Utility Program" shall mean the functions performed by the City associated'with solid-waste Solid Waste collection and disposal and recycling. BB CC. "Special Dispatch". A pick-up requested by a resident or business at a time other than the regularly scheduled pick-up time, if applicable. If a special dispatch is required, the rates as adopted in the ordinance concerning rates adopted by the City Council will apply. CC DD. "Standard Garbage Can" means a water tight, galvanized, sheet metal, raised-bottom containment unit or suitable plastic containment unit approximately but not exceeding 4 (four) cubic feet or thirty-two (32) gallons in capacity, weighing not over fifteen (15) pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Standard g~bage Garbage cans shall be provided by residents. -6- 5007932304 EE. "W.U.T.C." means the Washington Utilities and Transportation Commission. F._[F. "Yard Waste" shall include, but not be limited to: grass clippings, shrubbery, leaves, tree limbs and branches, which branches cannot exceed three (3) inches in diameter and four (4) feet in length, and excludes sod and rocks. GG. "Yard Waste Bundles" shall consist of yard-was~ Yard Waste limbs and branches and shall not exceed any of the following maximums: four foot length; two foot diameter; or weight of sixty-five (65) pounds. 3. Scope of Work. A. The Franchisee agrees to furnish all labor, materials, facilities, services and equipment necessary and to collect, process and market all ~ Recyclable Materials .... '~ ..... *~ Yard Waste and to collect all ~'-~:'~ ..... * ....~'~ Solid Waste, Garbage, refuse, or ~- (but not Hazardous Waste) accumulated within the boundaries of the City of Federal Way and ~. The work will be performed in accordance with all ordinances, rules and regulations of the City, in accordance with the provisions of the King County Comprehensive Solid Waste Management Plan with Addenda as adopted by the City and the Interlocal Agreement entered into between the County and the City and in accordance with the terms of this Franchise. B. The Franchisee agrees to collect, process and market all newspaper, magazines, mixed waste paper including cardboard, aluminum and tin cans, glass bottles and jars, HDPE and PET bottles (bottles are defined as having a neck), except bottles that once contained dangerous or household hazardous waste, materials and yar-d-was~ Yard Waste placed on the curb by City residents for collection, all in accordance with the Federal Way Waste Reduction and Recycling Program adopted by the City and any addenda thereto. Additional materials may be added by mutual agreement of the City and the Franchisee. In those instances when an added commodity increases Franchisee costs, the City and the Franchisee will negotiate a change in the rates. Multiple-family customers shall be eligible to receive collection of Commingled Recyclable Materials, in accordance with rates established by the City for Commingled Recyclable Materials and standard gar-bag~ Garbage collection services for Multi-family customers. C. The Collection Franchisee shall provide, maintain and operate a Center which would provide the following programs: 50079323 04 -7- Buy-back Center - for those citizens who wish to take their r-eeyetabt~ Recyclable Materials to a buy-back center and receive payment. The items accepted must be the same as those accepted in the curbside collection program. However, the buy-back center will only pay for those items which it determines shall receive cash reimbursement. Customers of the Franchisee who are billed directly for gar-bago Garbage collection shall be credited on their solid-waste Solid Waste collection account in an amount not to exceed $1.00 per month, providing that customers submit with gadoage Garbage and recycling service payments (not more than 90 days old) a receipt provided by the drop-off center. o Drop Center - To collect white goods, bulky items, Yard Waste and chipping services. The City reserves the right to add or delete materials, collection items and services, and allow modification of the location of the center when mutually agreed upon between the City and Franchisee. If the Center is provided through a subfranchisee, that subfranchisee shall be subject to the same terms and conditions of this Franchise, including but not limited to bonding and insurance requirements. The Franchisee shall not assign or subfranchise any of the work or delegate any of its duties under the Franchise without the prior written approval of the Director. If the Federal Way Neighborhood Recycling Center decides not to provide the buy-back center/drop-off center services, the Franchisee will make every effort to provide such within six (6) months of the date of this Franchise. D. The program is voluntary for City residents. The City may elect to enact mandatory participation legislation. If such legislation is deemed likely to affect the Franchisee's cost, the City will renegotiate the rates and retainages. E. Curbside collection of ~ Recyclable Materials will be from eligible households. The City may elect to extend collection to other residences and will renegotiate the price with the Franchisee should it do so. F. Collection of solid waste Solid Waste shall be from all single-family, multi-family dwellings, industrial and commercial units within the City. G. The Franchisee shall supply all the labor, equipment, facilities, financial guarantees, liability insurance and fees for disposal sites required to provide the service as described in this Franchise. This Agreement shall not prohibit the customary collection and sale of recyclable and reusable materials by persons or private recyclers, provided that the Franchisee has the exclusive right to collect curbside ...... ~'~ .... '~ yard ..... *~ Rec¥clable Materials, and Yard Waste in -8- 5007932304 mobile toters or ....~'~ ..... ....~.~ Yard Waste bundles, provided, further, that this exclusive right shall not apply to commercial customers. 4. Exclusive Right and Anti-Scavenging. The City gives and grants to the Franchisee the exclusive right to collect, haul and transport o^~:'~ ..... · .... ~'~ Solid Waste, Garbage and refuse, and r-~ye, tabt~ Recyclable Materials, as set forth herein and in City laws, rules and regulations, within the City of Federal Way for the term of this Franchise and in accordance with the provisions herein; provided, however, that such exclusive right shall exist only within the franchise area covered by the W.U.T.C. franchise to the Franchisee effective December 1, 1991, and shall exclude the W.U.T.C. franchise or permit held by other parties. 5. Duration of Franchise. ~ Unless terminated earlier as provided herein, the term of this Franchise shall be for a period of ten (10) years commencing on January 1, 1992, and ~ expiring after ten (10) years, December 31, 2001. The parties may agree to renew the Franchise by mutual agreement on the same or renegotiated terms and conditions. Any agreement by the parties to extend this Franchise shall be reached and reduced to writing at least nine (9) months before the termination date. 6. Recyclable Materials Designated. A. Pursuant to RCW chapter 70.95.030 RCW, the parties designate the following materials as recyclable materials: (1) newspapers, magazines, (2) mixed paper, (3) cardboard, (4) aluminum cans, (5) glass bottles, (6) bi-metal cans, (7) HDPE plastic bottles, PET plastic bottles, (8) yar-d-was~ Yard Waste, (9) scrap non-ferrous metals. B. Upon agreement of the parties, other materials may be administratively designated as recyclable. Items in the above list may be administratively removed or added upon agreement of the parties due to market or other variations. Should any net change materially increase or decrease the cost to the Franchisee or City, the City or Franchisee may renegotiate the rates charged to customers and retainage adjustments required to reflect such changes. 7. Yard Waste Collection. A. Deposit of ~ Yard Waste in garbage Garbage or recycling receptacles for collection by the Franchisee is prohibited. No ~ Solid Waste or recyclable materials that are mixed with yard waste Yard Waste will be collected by the Franchisee. In the event of a violation, written notification shall be provided to the customer at the time of scheduled collection. Yard waste will only be collected by the Franchisee if the .... waste Yard Waste is separate and contained in mobile toters or in bundles. B. The collection of unflocked, undecorated natural Christmas trees each day on the scheduled yar~ waste Yard Waste collection day in December following December 25th and each day on the scheduled yar-d-was~ Yard Waste collection day in January from all .... '~ ,,vaste Yard Waste customers shall be considered a part of yard-waste Yard Waste subscription service and shall be collected as such. -9- 5OO79323 04 C. Christmas trees not meeting the criteria set forth in (B.) and those set out on days other than scheduled .... ~ .,_,. waste Yard Waste collection days shall be considered garbag~ Garbage, unless otherwise directed by the Director of Public Works. 8. Collection Requirements. A. Collection for recycling and ~ Solid Waste shall be as follows: (i) Regular ~-~' ......... ~'~ .... ~ .... ~ ..... +~ Garbage, Recyclable Materials and Yard Waste collection by the Franchisee for business firms and commercial enterprises shall be as often as requested by the customer seven days per week, between the hours of 7:00 a.m. and 8:00 p.m., unless the City authorizes an extension of such time, provided that collection may occur between the hours of 6:00 a.m. and 10:00 p.m., for commercial areas not adjacent to residential areas; provided, further, that collection may occur on certain roadway corridors and areas adjacent to hotel and motel facilities as follows: (a) Collection from commercial areas which are located only along the following roadway corridors shall be allowed on a 24-hour basis. The following roadway corridors are depicted on the attached map (Attachment Map 1): 1. The 2. The 3. The 4. The 5. The 6. The 7. The State Route 99 corridor; South 320th Street corridor between Interstate 5 and State Route 99; South 336 Street corridor from State route 99 to First Avenue; 9th Avenue South corridor between South 336 Street and South 348th Street; South 348th corridor between 9th Avenue South and Interstate 5; 16th Avenue South corridor between State Route 99 and South 348th Street; and Enchanted Parkway corridor between South 348th Street and South 356th Street. (b) Collection from commercial areas adjacent to or including hotel and motel facilities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. Franchisee agrees to immediately alter, to the satisfaction of the Director, any early moming or late night commercial collection, timing or routing which results in complaints. (ii) Regular gar-bag~ Garbage collection shall be made once a week and regular collection of r-ec-yc-tabI~ Recyclable Materials shall be made every two weeks from residences. All recyclable material shall be collected every two weeks on the same day as sc!id m Solid Waste collection. Regular collection of ~ Yard Waste from residences except those located in mobile-home courts shall be weekly during the months of April - - November, ~+u~., and every two (2) weeks during the months of December and~an,~.,T eve~, *~..v .... ~'~ ..... .,~.~-o ~----e,'4"~;~ ~u~..,~ .... ...v,.~..o'u~ of, January, February and March. During periods of .... ~ Yard Waste pickup, collection shall be made on the same weekly, semi-monthly or monthly ,, day per week as regular gar-bag~ Garbage collection. All residential collections shall be scheduled to be collected between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. -10- ~0079323~ (iii) For special dispatch requests made by residents or businesses at times other than the times and/or days listed in the above two paragraphs, the Franchisee is authorized to issue a special dispatch for the collection of this material, if between 7:00 a.m. and 8:00 p.m. or if an emergency or if approved by the Director. The rate to be charged for this service is contained in the ordinance concerning rates as adopted by the City Council. The Franchisee shall show, on a map furnished by the City, the routes of Solid Waste and recyclable material collection for each area or sector of the City, and the day of the week ..... ,~ n~ ...... ~ Solid Waste and recyclable materials shall be collected from each area or route. This map shall be provided to the City one month prior to the first day of collection and semiannually thereafter. B. Subject to terms and conditions of this agreement and City regulations, the Franchisee is solely responsible for all costs of removal, marketing, and disposal of ~ yar-4-was~ Solid Waste~ Yard Waste and recyclable materials placed out for collection by program participants. C. The Franchisee may change the collection day by giving notice to the Director a minimum of sixty (60) days in advance and the affected customers at least seven (7) calendar days prior to the effective date of such change. The form of the notice to the customers shall be subject to approval by the City. When a legal holiday falls during the week and the Franchisee does not work on such holiday, Saturday collections will be permitted. D. If the Franchisee refuses to collect contaminated or inadequately prepared .~.,~.~v.~"~'~ ........ ~..~..~.'~ ..... ..~.~,~*~ Recyclable Materials or Yard Waste consistent with the terms of this Agreement, the Franchisee shall notify residents on their collection day of any refusal to collect the material. The reason for non-collection and suggested remedies shall be noted by Franchisee on a written notice left with the material. After the third incident of denying collection, the Franchisee shall notify the City of the address where the material is not collected. of the Agreement. Collection of ~ Solid Waste materials shall begin upon execution F. Residents shall use b~-baSe Garbage and recycling receptacles authorized and approved by the City and the Franchisee. The Franchisee shall provide each eligible City dwelling or business with the appropriate mini-can, mobile toter, detachable container and/or recyclable receptacle as designated in City ordinances and rules and regulations two weeks prior to the first day of collection. The Franchisee, without expense to the City or the residence or business, within twenty-four (24) hours (excluding Saturdays, Sundays and holidays) of notice, shall replace g~bag~ Garbage and recycling receptacles provided by the Franchisee taken or damaged by the Franchisee or damaged due to normal wear and tear. G. When weather conditions are such that the Federal Way School District closes the schools, the Franchisee shall have the option to make collection on the next regularly -11- 5~79323~ scheduled collection day. When services resume, the Franchisee shall take all bags, boxes and other secure wrappers and shall empty temporary containment units that customers have used when regular ~ Garbage and recycling receptacles have been filled. All holiday and other policies shall be included in the technical information sheet that will be provided to all participants by the Franchisee at no cost to the City. At the time of each event, the Franchisee shall release notices to the local newspapers and radio stations, notifying residents and businesses of the modification to the collection schedule. H. If the Franchisee fails to collect the customers' ~ ..... '~ ...... ':'~ ..... +~ Rec¥clable Materials or Solid Waste during a regular collection for other than reasons noted in either of the above paragraphs D or G, the Franchisee shall collect the materials within twenty- four (24) hours after an oral make-up order is given; which collection shall include excess accumulation during the interval between the regularly scheduled collection and the special collection. Make-up collection may be required on Saturdays, as well as weekdays. I. Collection vehicles shall be painted in a color or colors subject to the approval of the Director, which approval shall not be unreasonably withheld, and shall have painted in letters in a contrasting color at least three (3) inches high on each side of each vehicle the number of the vehicle. Aside from the program logo and hot line number, no ad,'ertising shall be permitted other than the Franchisee's name. All vehicles shall be kept in a clean and sanitary condition. Vehicles used in collection shall comply with State vehicle codes and City truck route ordinances. Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Franchisee's inventory for use in the performance of this Franchise, called "Such Property", shall be available for use in collecting~v-.~°^~:a ..... ..~..~,+~ yard waste ~nd recyc!a~!es Solid Waste, Yard Waste and Recyclable Materials in the City for the duration of this Franchise; when provided this section applies to the replacement and substitute. A list of Such Property_ is attached hereto as Exhibit "A"and incorporated herein by this reference. J. The number and size of collection equipment shall be of sufficient capacity to service all dwellings and businesses within a one week period. K. Any document entered into after the date of this Franchise (including a lease to or by the Franchisee; a financing franchise; an acquisition over time; a mortgage or other instrument establishing a security interest) that encumbers or limits the Franchisee's interest in such property, where such encumbrance exceeds Fifty Thousand and no/100 Dollars ($50,000.00) in value, shall be subject to prior approval by the Director, and shall: Allow at the City's sole option, the City or the surety on the Franchisee's performance bond, to take over the Franchisee's obligations and to continue the use of the equipment and service for performance of the Franchise during its remaining life; and -12- 50079323 04 In the event the Franchisee is in default, allow the City or the surety on the Franchisee's performance bond, at the City's sole option, to lease or sub-lease all or a portion of such property and use the same for a period of up to six months following the date of the declaration of default by the Director, to provide such collection services on the condition that the City pays to the City's lessor a market rental for the equipment or property actually used in an amount no greater than the monthly lease in event of a lease, the installment payment in event of a purchase Franchise, or the monthly interest and principal in the event of a financing arrangement. In the event of a default, all equipment, books, routes, etc., will be made available to the City immediately in order to continue to provide collection services at no cost to the City - until such time that a new Franchisee is hired. Exempt the City from liability during its usage of the property for balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments; nor make satisfaction thereof a condition of the City's interim usage; and o Forbid any foreclosure, trustee's sale, or other dispossession of the Franchisee's interest without giving both the City and surety on the Franchisee's performance bond, sixty (60) days prior notice and then make any termination of the Franchisee's possessor interest pursuant to such document or the enforcement thereof, subject to the requirements of subsections 1, 2 and 3 of this section. L. In the event of default, the Franchisee shall allow the City to use such property, at no cost to the City, in order to continue collection services with the Franchise service area for a period of up to six months. M. After the effective date of this Franchise, the Franchisee shall submit to the Director for review and approval: All franchises, leases or other documents encumbering or limiting the Franchisee's interest in such property; All franchises, leases or other documents for acquisition or lease of replacement or substitute equipment or facilities for such property; and o Any proposed agreement that would encumber or transfer any interest of the Franchisee in such property before the Franchisee's execution of such agreement. 50079323 04 -13- No franchise shall be granted without the Director's prior approval of the documents identified in subsection M.; and no transactions identified in subsections M.(2) and M.(3) shall take effect without the Director's approval. The Director's approval shall not be unreasonably withheld. The Director's review shall be limited to assure compliance with requirements of these sections K., L. and M. N. The Franchisee shall provide sufficient trained personnel to set up and maintain the ~ Solid Waste and recycling programs so that introduction and operation proceed smoothly, without interruption or delay, according to the agreed schedule for delivery of ~ Garbage and recycling receptacles and collection pick-ups as specified in this Franchise. O. The Franchisee shall provide proper safety equipment, training and insurance for vehicles and workers. P. The Franchisee shall provide adequate management systems assuring that collection, processing, billing, customer service, marketing, and disposal are performed satisfactorily. Q. The Franchisee shall provide for semi-annual cleanup in the spring and fall of each year to allow for cleanup of gar-bab~ Garbage in public rights-of-ways and/or on public lands, if requested by the Director. R. The Franchisee shall use all reasonable efforts to ensure that it does not collect Hazardous Waste. Under no circumstances shall the Franchisee or employees or agents collect or deliver to King County or other disposal sites any Hazardous Waste. Where Franchisee or its employees or agents knew or in the exercise of all reasonable efforts, should have known that materials Franchisee had collected or delivered contained Hazardous Waste, the Franchisee shall be liable for any damages, including costs and attorneys fees, incurred by the City due to the violation of this section. Termination of the City's agreement with the County, or the expiration or earlier termination of this Franchise, shall not terminate the Franchisee's liability to the City for violation of this section. S_. Franchisee shall comply with the requirements of applicable City ordinances. 9. Company Name. The Franchisee shall not use a firm name containing the word "City", or any other words implying municipal ownership. 10. Annexation. The service area set forth herein shall be extended to include any area annexed to the City in accordance with RCW Title 35.13.280. Yard Waste and Recycling collection services shall be extended to include any annexation area upon the effective date of such annexation. -14- 50079323 04 11. Billing Service. A. The Franchisee shall bill in accordance with the ordinances, rules and regulations established by the City and Director. B. The Franchisee shall be responsible for billing participants and making payments to the City for city programs. C. All account collections shall be the responsibility of the Franchisee. The Franchisee is responsible for all delinquencies; any such delinquencies shall not affect the Franchisee's obligations to the City. 12. Assignment. Neither this Franchise nor any interest in the rights or responsibilities of the Franchisee hereunder shall be sold, assigned, transferred or sublet either voluntarily or involuntarily without the prior written consent of the City as set forth in Section 21, nor shall any interest in the Franchisee's business affected by this Franchise be sold without such consent having been given and, in either event, City approval may be conditioned that an appropriate bond must be supplied by Franchisee and/or the purchaser to cover the change in circumstances. 13. Processing Requirements. A. The Franchisee is responsible for processing all materials collected at the curb under the recycling program to a degree necessary to be marketed at reasonable prices. B. The processing center(s) shall have the capacity to receive, process and store all materials collected in one week. C. The processing center(s) shall be located in an area zoned for this type of activity and shall have in effect all necessary permits and licenses. 14. Transportation and Marketing Requirements. A. The Franchisee is responsible for transporting, disposing and/or marketing all collected materials. B. The Franchisee shall not spill or drop any materials on City, County or State roads during collection or transportation. If an accidental spill occurs, the Franchisee shall promptly clean up debris and be responsible for any costs caused as a result of the spill. C. The Franchisee is prohibited from landfill disposal of collected recyclable materials, except for normal loads of contamination not to exceed one percent (1%) of the total tons collected per truck, unless approved by the City. Violation of this Franchise provision may be cause for termination of this Franchise. -15- 50079323 04 In disposing of contaminated material, the Franchisee shall comply with all Federal, State and City laws and regulations. No hazardous materials shall be disposed of in landfills. 15. Publicity and Public Education Requirements. At a minimum, the publicity and public education component shall be required as is set forth in the Federal Way Waste Reduction and Recycling Program. The City shall be fully responsible for City sponsored event publicity and related materials and for all general public relations efforts. The Franchisee shall be fully responsible for publicity and related materials associated with collection and disposal operations, such as the production of calendars and collection tags. Costs for all joint publicity and public education efforts shall be capped at a $10,000 Franchisee contribution annual expenditure with a minimum expenditure by the Franchisee of $1,000 and shall be shared equally by the Franchisee and the City. ~ This shall include the mutual preparation of press releases, press alerts, press kits, public service announcements on radio and television, feature story ideas for news media, and spokesperson available at all media events, when reasonable, and shall include all joint costs, such as the cost of renting a booth at a trade show, which are in conformance with the Recycling Program. All mailers that have technical information and calendars developed by the Franchisee shall be approved by the City. Also included shall be public speaking including community speaking engagements to explain the program and school programs appropriate to various age groups. It shall also include community involvement with the use of community groups such as Boy Scouts and churches, community-oriented events, speaking engagements at community groups and civic meetings, and school presentations. There should be meetings with area businesses to enlist assistance in promoting recycling through the provision of displays, inclusion of program information in advertising and similar printed material. 16. Reporting Requirements. A. Monthly Project Reports. The Franchisee shall submit monthly project reports for the length of the Franchise commencing upon final approval and effective date of the Franchise. The format of the reports shall be prescribed by the City. These reports shall be due fifteen (15) calendar days from the last day of each month. At a minimum, the reports shall include: Summaries of tonnages of material collected, by material, by type of service, ia~9,va/4al~d~ including the number of tons of Solid Waste, Recyclable Materials or Yard Waste collected for each class of customer and the location at which such Solid Waste, Recyclable Materials oc Yard Waste were disposed or processed, as applicable. The Franchisee shall provide all of the information -16- 5~79323~ contained in the reports previously prepared by Federal Way Disposal Company, entitled "Solid Waste Collection Entity Disposal Reporting Form" and "Data Collection Spreadsheet for t4amtter-s Haulers." Summaries of tonnages of all mater.als z,~!d, by mater, a!. Recyclable Materials sold, by type, contamination level, and class of customer. Resident participation rates for each type of service in terms of numbers of residents signed up to participate in the program and set-out counts and average pounds collected per participating household by type of service, if available, with a description of the methods used to determine these rates. Fe, r the first six mznth: cf the ?rzgrarn a descnpt:zn zf progress in customers in each class at each semice level. 5. !nfc, n_atizn 5_. A log of all customer complaints and the action taken in response to each complaint. The date and location of each complaint of a failed collection and the date of the corresponding special make-up collection. Any changes in operational availability of equipment and facilities defined as Such Property set forth as Exhibit "A"to this Franchise. This information shall be provided on data discs,-4-f--~mmpagb~, or hard copy as requested by the City and shall be in the form approved by the Director. B. Quarterly Project Status Reports. The Franchisee shall provide quarterly project status reports. These reports will be due thirty (30) calendar days of the last day of the quarter being reported. At a minimum, the reports shall include: Quarterly and year-to-date summaries of the information requested in sub-sections A.1 through A.4 A.8 above, in enough detail to allow analysis of collection and processing efficiencies. -17- 50079323 04 Quarterly and ;.'em-tc dn~e summaries of al! programs costs n,~nd .......... r ..... -~ .....j ....... 2 .................. annua financial statements meeting the requirements of Section 16.F. 3. For 43. Discussion of public education and publicity efforts and their results, including the number of new single-family, multi-family and commercial recycling accounts. Market prices of ~ Recyclable Materials sold, by type, verified by purchase orders which shall be treated confidentially to the extent allowed by law. 65. Summary of a minimum of a one week sampling of the number of service complaints including the general nature of the complaints and how they were resolved. Upon the City providing 30-day notice prior to the end of the quarter, a list of the names and service addresses of customers sorted in the order requested by the City gO, compatible with existing software capabilities. A list of all personnel engaged in performing the Franchisee's operations in the City during the previous quarter, including eac~ person's name, title, and the percent of each person's time spent performing the obligations of this Franchise. o Reports shall be provided both on data discs, if compatible, or hard copy, and shall be in the form approved by the Director. C. Annual Reports. The Franchisee shall provide year-end annual reports for each year the Franchise is in operation. These reports shall be due within thirty (30) days of the end of the calendar year. At a minimum, the report shall include: A summary of the detailed cost, revenue and statistical information contained in the quarterly reports displaying monthly and annual patterns to allow analysis of program operations and impact. 2. Summary of program costs and revenues. -18- 50079323 04 o A discussion of public education activities and their impact on participation and recycling volumes. A discussion of all program highlights, types of problems and the measures taken to resolve the problems and increase efficiency and household participation in recycling programs. An analysis of the current and future strength and capability of each of the product's markets. D. Ad Hoc Reports. Within thirty (30) days of the request submitted by the City, the Franchisee shall provide up to six (6) reports annually of varying detail and format, as specifically requested by the Director to meet unforeseeable and currently unforeseen informational queries, and further shall provide additional information with the monthly, quarterly and annual reports as requested by the Director. E. Additional Information. Within two (2) weeks of information requests submitted by the City, the Franchisee shall provide said information, if reasonably available. Any proposed changes made to billing postcard text or any notifications made on the billing postcards or any rate increases appearing on the billing postcards shall immediately be faxed to the City for approval. The City shall grant approvals within two (2) working days of the receipt of the information. Upon request of the City, the Franchisee will provide a complete set of daily route reports with service level data. These route reports shall be in addition to the maps required by Section 8.A(iii) of this Franchise. F. Books, Records, and Audits. The Franchisee shall maintain books, records and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting principles, procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representatives, the State Auditor, or other government officials authorized by law to monitor this Agreement. 17. Performance Bond. At the City's sole option, the Franchisee shall provide and maintain at all times a valid Franchisee's Performance and Payment Bond or irrevocable letter of credit in an amount equal to Six Hundred Twenty-Five Thousand and no/100 Dollars ($625,000,00) in a form acceptable to the City. The bond or irrevocable letter of credit shall be issued for a period of not less than one year, and the Franchisee shall provide a new bond or irrevocable letter of credit, or evidence satisfactory to the City of its bond or irrevocable letter of credit renewability, no less than thirty 5~079323 04 -19- (30) calendar days prior to the expiration of the bond or irrevocable letter of credit then in effect; provided that, Franchisee shall, as a means of limiting the City's exposure to loss in the event of default, provide the City monthly with the following: (1) a current list of all billing addresses of Federal Way customers; and (2) a data disk, the contents of which are accessible to City officials, which shows all data necessary to bill Federal Way customers for current service. The bond, or irrevocable letter of credit, shall be for the use and benefit of the City, with surety company or bonding institution authorized to do business in the State of Washington and acceptable to the City. Such a bond or irrevocable letter of credit shall be conditioned that the Franchisee shall faithfully and fully perform all of its obligations under the Franchise, and pay all laborers, mechanics, subfranchisees, materialmen and all persons who shall supply the Franchisee with provisions and supplies for carrying such work, or be forfeited, and shall indemnify the City against any loss resulting from any failure of performance by the Franchisee. Such Performance Bond, or irrevocable letter of credit, shall be an annual bond, or irrevocable letter of credit, renewable annually by certificate and shall remain in force during the term of the Franchise. Such bond, or irrevocable letter of credit, shall be submitted to, and subject to the approval of the City Attorney's Office prior to its effective date. Failure of the Franchisee to fumish and maintain said Performance and Payment Bond or Irrevocable Letter of Credit shall be considered a material breach of this Agreement and grounds for its immediate termination at the option of the City. 18. Personnel Practices. Franchise: mo Non-Discrimination. The following provisions shall be made part of this "During the performance of this Franchise, the Franchisee agrees as follows: The Franchisee will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Franchisee will take action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Franchisee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Franchising officer setting forth the provisions of this non-discrimination clause." B. OSHA/WISHA. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time to time must be complied with. The Franchisee must indemnify and hold harmless the City of Federal Way from -20- 50079323 04 all damages assessed for the Franchisee's failure to comply with the Acts and Standards issued thereunder. The Franchisee is also responsible for meeting all pertinent local, State and Federal health environmental regulations and standards applying to the operation of the collecting, processing, or disposal system. C. Training. The Franchisee shall provide operating and safety training for all personnel. Supervisory personnel shall be trained in first aid and each vehicle shall be equipped with a first aid kit. D. Prevailing Wage or Collective Bargaining Agreement. The Franchisee shall pay all collectors at that work under this Franchise not less than the prevailing rate of wage for the same trade or occupation as set by the Industrial Statistician, Department of Washington State Labor and Industries, provided that in the event that a collective bargaining agreement is in effect for collectors, the collective bargaining agreement shall prevail. "Collectors" covers drivers, swampers, and others working on routes; it excludes office workers and senior company officials. The term, "prevailing rate of wage," includes the hourly wage, usual benefits and overtime paid in the locality, as defined in RCW 39.12.010, Definitions. In the absence of a collective bargaining agreement effective for all collectors, the Franchisee's duty to pay the prevailing rate of wage is absolute and mandatory. No worker may waive full compliance or accept a lesser sum. Absent a collective bargaining agreement effective for all collectors, on a monthly basis, certified payroll records shall be submitted by the Franchisee to the City. The records shall include an affidavit of compliance with these prevailing wage provisions or, in the event of a collective bargaining agreement effective for all collectors, an affidavit of compliance with all wage terms of the collective bargaining agreement. E. Franchisee's Personnel. 1. The Franchisee shall ags:gn~, ~ .~ ........ person o' designate and provide the services of a competent representative for the term of the Franchise who shall be located in Washington State. The Franchisee's representative shall be the Franchisee's agent and shall represent the Franchisee for all purposes of the Franchise. All directions, instructions or notices given by the City to that representative shall bind the Franchisee as if delivered to the Franchisee personally. The representative shall be in charge of the Franchisee'_s operations in the City at all times and shall have authority to act on behalf of the Franchisee; the representative's statements, representations, actions and commitments shall fully bind the Contractor. The Franchisee's designated representative initially shall be: Jerry Hardebeck 7901 - 1 st Avenue South Seattle, WA 98108 (206) 762-3416 -21- 5~79323~ The Franchisee may change its representative by giving written notice to the City; provided, however, that the City has the right to approve the Franchisee's representative, which approval shall not be unreasonably withheld. 2. All workers employed by the Franchisee shall be competent and skilled in the performance of the work to which they are assigned. Failure or delay in the performance of this Franchise due to any inability by the Franchisee, for any reason, to obtain workers of the number and skill required may be deemed by the City to constitute a default of this Franchise. 3. The Franchisee shall require its employees to be courteous at all times, to not use loud or obscene language and to do their work as quietly as possible. 4. Employees, in collecting recyclable materials and disposing of such, shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty bins. 5. Employees shall not trespass or loiter, cross property to adjoining premises, or meddle with property which does not concern them in performance of this Franchise. 6. Each employee shall, at all times, have in effect and carry a valid operator's license for the type of vehicle he or she is driving. 7. The Franchisee has the duty to remove incompetent, negligent, unfaithful, or otherwise unsatisfactory employees. 19. Franchise Administration. A. The collection and disposal of-~-~' ......... ~'~ .... ,4 .... ,4 ..... ,,~ Garbage, Recyclable Materials and Yard Waste shall be administered by the City of Federal Way Public Works Director or the Director's representative. The Director shall be the Franchisee's contact with the City. The Franchisee's office and customer service assistance shall be accessible with local phone numbers. Once a telephone number has been assigned, all rights to future use of the number shall vest in the City. Currently, the Franchisee's phone numbers for customer service are: 253-833-3333 and 253-939-9792. The Franchisee shall maintain an emergency telephone number to allow customers to contact the Franchisee outside of normal business hours. The Franchisee shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours. -22- 50079323 04 20. Insurance. A. General Requirements. Subsequent to the award but prior to the execution of this Franchise, the Franchisee at its own expense shall obtain and file with the Director a Certificate of Insurance for a primary policy of commercial general liability insurance (including all of the coverages set forth below). This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. Such liability insurance must specifically name the City of Federal Way as an additional insured thereunder and must fully protect the City from any and all claims and risks and losses in connection with any activity performed by the Franchisee by virtue of this Franchise. Such liability insurance must be maintained in full force and effect at the Franchisee's sole expense throughout the entire term of this Franchise. The City of Federal Way shall be given thirty (30) calendar days written notice by certified mail of any cancellation, reduction or modification of such insurance. However, in any event, the Franchisee must maintain the insurance as set forth herein throughout the entire term of this Franchise. B. Coverage. Said insurance policy and/or endorsement thereto, as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: Bodily Injury. Employees as Additional Insured. Premises/Operations Liability (M&C). Owners and Franchisees Protective Liability - Products and Completed Operations Liability (through guarantee period). - Blanket Contractual Liability. - Broad Form Property Damage Liability (including completed operations). Personal Injury, with no employee exclusion. Stop Gap or Employers Contingent Liability. 2. 3. 4. 50079323 04 -23- Co Automobile Liability, including coverage for owned, non- owned, leased or hired vehicles. Explosion, Collapse, Underground damage (often referred to as "X.C.U."). o Employer's Liability (Washington Stop Gap) Insurance. Minimum Limits. 1. All coverages: $2,000,000 per occurrence, City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. $2,000,000 annual aggregate. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. Provision of coverage in these stated amounts shall not be construed to relieve the Franchisee from liability in excess of such limits. D. Required Endorsements. The following language shall be in all applicable policies and on the Certificate of Insurance: "The insurance company or companies designated on the front of this Certificate certifies that the policy or policies described include the following minimum coverages and limits: Standard Coverages 1. 2. 3. 4. 5. Bodily Injury. Employees as Additional Insured. Premises/Operations Liability (M&C). Owners and Franchisees Protective Liability. Products and Completed Operations Liability (through guarantee period). Blanket Contractual Liability. -24- 50079323 04 Eo 7. Broad Form Property Damage Liability (including completed operations). 8. Personal Injury, with no employee exclusion. 9. Stop Gap or Employers Contingent Liability. 10. Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles. 11. Explosion, collapse, underground damage )often referred to as "X.C.U". 12. Employer's Liability (Washington Stop Gap) Insurance. Standard Limits. $2,000,000 per occurrence. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. $2,000,000 annual aggregate. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. Endorsement for Additional Insured. 'The City of Federal Way is an additional named insured for all coverages provided by this policy of insurance and shall be fully and completely protected from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages, sustained by any person, organization or corporation in connection with any activity performed by the Franchisee by virtue of the provisions of the Franchise between the City of Federal Way and Federal Way r~: ..... ~ r~ ~:,~ c .... ~':~ Washington Waste Hauling & Recycling, Inc.(Franchise No. 92-13 and 92-Ba dined originally entered into on January 21, 1992.)' 'The coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise modified in any respect without providing at least thirty (30) calendar days prior written notice by certified mail to the Director of Public Works, City of Federal Way, 33530 1st Way South, Federal Way, WA 98003.' 5007932304 -25- 'In any event, the Franchisee is liable under this applicable Franchise to ensure that full insurance coverage occurs throughout the term of the Franchise.' 'The coverages provided by this policy are primary to any insurance maintained by the City of Federal Way'." G. ACORD Form. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: If similar wording at top of ACORD Form: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." - Shall be deleted in its entirety. If similar wording at bottom of ACORD Form: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail __ days written notice to the Certificate Holder named within, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." Shall be changed to read: "Should any of the above described policies be canceled or reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named certificate holder and additional insured, the City of Federal Way, by certified mail." H. Workers' Compensation. The Franchisee agrees to comply with RCW Title 51, the Washington State Industrial Insurance Act and provide Workers' Compensation benefits for all employees. I. Compliance Required. Failure of the Franchisee to fully comply with any and all of the terms of the foregoing insurance provisions shall be considered a material breach of this Franchise and shall be cause for its immediate termination at the option of the City. 21 Assignment, Sub-Franchising, Delegation of Duties. ~: ..... ,~.~ ....... c +u .... :~ ~"~ ~y Assig~ent (as that te~ is defined below) by Fr~chisee shall constitute a default under Section 22, ~less the City provides its prior ~iUen consent to the Assignment, which consent shall not be unreasonably withheld. "Assignment"means the assignment, delegation or transfer of any of Franchisee's rights or obligations, Franchisee's corporate reorganization, change of organization, a change of control of 50% or more of the voting stock of the Franchisee, or the purchase or transfer of a substantial portion of the assets of Franchisee by or to another corporation, partnership, association, or other business organization or division thereof, under *~';z ..................... Franchise ..,;.u..,, ...... ;..e, .u~ .... pr:or' ........ ! ~l~+k ...... · .... +h~ D~t~ ...... D~A ~ k~lA~ ~+k~ 1~ .... ~kl~ I ~ .......... · .,~ -26- 5~79323~ For purposes of this Section, the reasonableness of City's consent shall be based upon whether the proposed assignee: 1) has the assets, financial strength and capabiliW to perform under the Franchise in all respects to the City's reasonable satisfaction; 2) has an environmental compliance record reasonably satisfactory to the City; and 3) has a record in the Pacific Northwest Region reasonably satisfactory to the City concerning litigation, criminal complaints/violations, rate setting practices and customer services. Notwithstanding the foregoing, Franchisee may assign or transfer this Franchise to any affiliate of Franchisee or its parent corporation provided it can establish to the reasonable satisfaction of Franchisor that the affiliated assignee or transferee will operate the Franchise in substantially the same manner as Franchisee, using substantially the same officers, directors, and personnel as Franchisee, and possesses substantially the same financial capabili _ty as Franchisee to perform all of the obligations under this Franchise. A A ~{ ~+~ organization: i 'ru~ cu~..,~+:.,z tran:fer ^c fifty ...... * (50%) ........ v ....... cr more ..... voting ztczk cuts~nd~ng w~en ........ nets nterest ~., I :ncorporat~ , a ~'~-r ......... e, -27- 5~79323~ -28- 5OO79323 O4 22. Failure to Perform Franchise Obligations. A. Liquidated Damages. The following acts or omissions shall be considered a breach of the Franchise, ~,,a c^. ,~ ......... c ...... ,:~ .: ......... .:~ a..~ · · · ~ k ..... ~..~ ,~ Fr=nc~::zz, ,~ c~n .... : ........ ,o ~ u~..:~,~ ~ ...... for which the Ci~ is entitled to collect the following mo~ts ~ liquidated dmages: Cc. mmznczment ef c~!!::tien ~ri.vr tc Collection (before or after times permitted under this Franchise or City ordinances. $25 $100 per incident Failure to collect missed collections within twenty four (24) hours after make-up order is given to Franchisee provided th!: the order is given on Monday throu~sday or be~re 5:00 p.m. on Friday. $100 each, to a maximum of $900 per truck, per day. Collection from premises on other than day specified acczr~:,':g tz in the Franchisee's schedule. $100 each unit or business. ¥~tur-os Failure to provide quality of performance required on a route after notification to correct performance factors such as nonreplacement of ~-~ Garbage and recycling rec eptac l~-{'fi-~s ign ate d locations, spilling, not closing gates, crossing planted areas, violating traffic regulations, or similar violations. $100 each, to a maximum of $900 per truck, per day Collection for disposal of Recyclable Materials or Yard Waste in clearly identified receptacles $10.00 per incident, to a maximum of $250.00 per truck. per day Failure to deliver receptacles to new commercial customers within seven business days $50.00 per receptacle, per day Failure to deliver receptacles to residential customers within seven days $15.00 per receptacle, per day Material misrepresentation by Franchisee in records or reporting $500.00 per incident 5007932304 -29- Failure to provide information, maps, or reports required to be provided to the City in the form and by the date required by this Franchise $500.00 per incident Failure to maintain clean and sanitary vehicles and facilities $25.00 per vehicle, up to a maximum of $100.00 per inspection Failure to clean or replace receptacles within 24 hours of notification by the City. $25.00 per receptacle, per day Landfilling or incineration of uncontaminated Yard Waste or Recyclable Materials without the express prior written permission of the City. $1,000.00 per vehicle, per incident, no maximum Use of vehicles for non-Franchise work without prior notice to the City. $500.00 per vehicle, per incident, no maximum Rejection of Recyclable Materials without ~documentation to the customer of the reason for rejection. $25.00 per incident The parties agree that with respect to a particular breach as an altemative to liquidated damages provided herein, the City at its sole option may pursue the remedies provided in Subsection D. Prior to collecting any liquidated damages for any specific acts or omissions, the City shall provide Franchisee ten (10) days written notice of its determination to collect such damages. Prior to the end of the ten days the Franchisee may, at its option, prepare and submit to the City an incident report concerning the matter for which liquidated damages are proposed to be assessed, and, within the same ten days, may appeal the City's determination to the Public Works Director. The Public Works Director shall review the appeal, incident report (if any), and any other materials he or she deems relevant, and make a final determination whether to assess liquidated damages. Such decision shall be final and unappealable, and applicable liquidated damages shall be paid to the City as part of the next monthly payment made by Franchisee, or deducted from the next monthly payment made to Franchisee, at the City's sole discretion. B. Bankruptcy. It is agreed that if the Franchisee is adjudged bankrupt, either voluntarily or involuntarily, then at the City's sole option, the City may continue to provide the service with the City's own or contracted personnel pursuant to Section 8. At the option of the City the Franchisee's rights under this Agreement may be terminated effective on the day and at the time the bankruptcy petition is filed; and/or the City may take any other action, without limitation, as is necessary to protect the public health, safety or welfare. -30- 5~79323~ C. Laws to Govern Venue, Attorney Fees. This Franchise shall be governed by the laws of the State of Wash~.ngton both as to interpretation and performance, and venue for any dispute shall be in Superior Court of King County. Each Except as otherwise provided herein, each party shall be responsible for its own costs, expenses, and attorney fees. D. Failure to Perform. If the Franchisee shall abandon or breach this Franchise or fail to fully and promptly comply with ag any of its obligations, or shall fail to give any reason satisfactory to the City for noncompliance, and fails to correct such breach within twenty (20) days after notice is given by the City, the City may declare the Franchisee to be in material default of this Franchise and ...... .,~.) terminate the Franchise by notifying the Franchisee to discontinue any further service thereunder, a copy of said notice to be sent to the Franchisee and surety on its Performance Bond or holder of its Irrevocable Letter of Credit, or (2) pursue any other remedy at law or in equity, including without limitation, specific performance; the parties acknowledge that damages or liquidated damages do not provide the City with an adequate remedy for breach of this Franchise. Upon receipt of such notice, the Franchisee agrees that it will promptly discontinue the work, whereupon the surety may, at the City's sole option, and upon the City's election for the surety to perform such work by the City's notice to surety within ten (10) days written notice of the discontinuation, assume the work which the City has ordered discontinued and proceed to perform the same; at its sole cost and expense, in compliance with the terms and conditions of the Franchise, and all documents incorporated herein. Pending consideration by the City of said option to assume the work, the City may take possession of all Franchisee's equipment and vehicles and employ such force as it may deem advisable to continue the work, and the cost of all labor and materials necessary for such work shall be paid by the Franchisee in full, provided the City shall pay a monthly rental fee for the use of Franchisee's equipment and vehicles as set forth in Technical Performance Requirements Section of this Franchise. In the event that the City chooses to exercise its option to assume the work, the City may complete the work or any part thereof, either through its own work force or by Franchise, and the City shall have the right to take possession of and use the vehicles and equipment and property of every kind and nature provided by the Franchisee for the work (provided it may pay the rental for the equipment and vehicles set forth above) and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to chame the same to the Franchisee and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Franchisee and its surety as damages or act upon the Irrevocable Letter of Credit to recover all expenses incurred, including attorney fees, together with all such additional sums as may be necessary to complete the work, together with any further damages sustained or to be sustained by the City. The City may, in addition, at its option, and at the request of the Franchisee, operate the equipment of the Franchisee with the City forces in the event of a strike, work slow down or work stoppage. E. Enforcement of Agreement. The City shall be entitled to recover from Franchisee, and Franchisee agrees to pay any and all costs and expenses, together with attorney -31- 5~79323~ fees, the City may incur to enforce any of the terms, conditions and provisions of this Franchise, to be performed by the Franchisee. F. Right to Require Performance. The failure of the City at any time to require performance by the Franchisee of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach or prior breaches of such provision or as a waiver of any provision itself. G. Illegal Provisions. If any provisions of the Franchise shall be declared illegal, void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. H. Force Majeure. Neither party shall be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder, except as may be specifically provided herein, where performance of such obligations is prevented or delayed by acts of God, fire, explosion, strike, lock-out, flood, epidemic, war, riot, rebellion, legal restraints or injunctions, or other legal processes from which a party affected cannot reasonably relieve itself by security or otherwise. The failure of technology to perform shall not relieve either party of its obligations hereunder. 23. Taxes. Franchisee is solely responsible to comply with all federal, state, and local taxes, including employee benefit taxes, licensing, and registration requirements associated or arising out of the making or performance of this ~ Franchise. 24. Hold Harmless and Indemnity. A. The Franchisee shall indemnify and save harmless the City, its elected and appointed officials, employees, agents (including reimbursing the City for all costs and attorney fees) from any and all damages, claims, or demands, of any kind, on account of injury to or death of any and all persons (including but not limited to the Franchisee, its agents, employees, subfranchisees and their successors and assigns as well as the City and the City's employees, elected and appointed officials and agents, and all third parties), apd/or on account of all property damage of any kind, whether tangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this Franchise, or caused or occasioned in whole or in part by reason of the presence of the Franchisee or its subfranchisees, or their property, employees or agents, upon or in proximity to the property of the City, except only for those losses resulting solely from the negligence of the City. B. This indemnification agreement includes the promise that the Franchisee shall indemnify and save harmless the City, its elected and appointed officials, employees and agents (including reimbursing the City for all costs and attorney fees) from any and all damages, claims or demands of any kind on any account of a violation of City, County, State or Federal laws relating to envirom'-enta! health Environmental Damage except only for a loss resulting from the sole negligence of the City. -32- 50079323 04 C. The Franchisee hereby expressly agrees that any immunity that may be granted to the Franchisee under the Washington State Industrial Insurance Act, Title 51 RCW, as amended or recodified, shall not be construed by the Franchisee as a release from its obligation to indemnify the City under this section. The parties do not under this section waive or surrender any indemnity available under any applicable federal, regional, state or local law. The provisions of this Section shall survive termination or expiration of the Franchise. D. The provisions of these paragraphs shall survive the expiration or termination of this Franchise with respect to any event occurring prior to such expiration or termination. 25. Complaints. All complaints shall be investigated by the Franchisee within twenty-four (24) hours. The Franchisee shall upon request supply the City with copies of all complaints on a form approved by the City and indicate the disposition of each. Such records shall be available for City inspection at all times during business hours. The forms shall indicate the day and the hour on which the complaint was received and the day and the hour on which it was investigated. When a complaint is received on a day preceding a holiday or a weekend, it shall be investigated on the next working day. Missed collections shall be collected within one (1) working day after notification to the Franchisee by the customer or the City. 26. Litter. Extra care shall be taken in the loading and transportation of all ..~.~ .~.~...~,~'~ ......., ~ ~'~ waste, Recyclable_ Materials, Yard Waste, refuse, g, admg~ Garbage or other waste so that none of the material to be collected is left either on private property or in the streets or alleys. Any ~^~:~ ..... ........... , yard ..... *" Solid Waste, Yard Waste, or recyclable materials left on private property or on streets or alleys by the Franchisee shall be cleaned upon notice by the customer, the Director, or his or her designee. 27. Hazardous Waste Notification. The Franchisee shall provide customers with necessary information about hazardous waste collection opportunities, complaint procedures, rates, regulations, days of se!:.~ waste Solid Waste collection and other pertinent information. The Franchisee shall cooperate with the City to provide publicity and notification on City programs. Solid or hazardous waste left purposely by the Franchisee must be tagged to indicate why it was not picked up. 28. Reserved. 29. Management Performance Requirements. A. Franchisee's Responsibilities. Collection, processing and marketing the recyclable materials as specified in the Federal Way ordinances, resolutions and rules and regulations and the Federal Way Waste Reduction and Recycling Program. -33- 50079323 04 o 10. 11. 12. Collection and disposal of all sotid4vas~ Solid Waste and g4~-bag~ Garbage as specified in the applicable ordinances, resolutions, and rules and regulations of the Cityg including, without limitation, disposal of Garbage and Solid Waste at a disposal faciliw designated by the City. Procurement of all equipment and assumption of all start-up, operating and maintenance costs for collection, processing and, if necessary, storage and transportation of materials. Supervision and labor to perform all Franchisee publicity and education, collection, processing and, where applicable, marketing tasks. Provision of proper safety equipment and insurance for vehicles and workers. Provision and maintenance of a processing facility, yard and all utilities capable of housing equipment to process materials as specified in se!;.d waste Solid Waste, recycling programs and applicable City ordinances, resolutions and rules and regulations. Marketing of all collected recyclable materials and reporting market prices. Performing initial and ongoing publicity and education functions as specified in the requirements of this Franchise. Submission of all documents and plans for public education to the City for prior approval. Meeting all the reporting requirements. Acquisition at Franchisee's expense of all the necessary land use, building, operating, and business permits and registrations, v, nd eomphane-e. The Franchisee shall be liable for all fines or civil penalties which may be imposed by any regulatory agency for Franchisee-caused violations of permits, laws or regulations; the City shall not be liable for and shall not reimburse Franchisee for payment of any such fines or civil penalties. The Franchisee reserves the right to contest any such fines in administrative proceedings or in court prior to any payment by the Franchisee. In performing each and every service to be performed under this Franchise, the Franchisee, its officers, employees, agents and subfranchisees shall at all times comply with all applicable laws~ -34- 50079323 04 regulations, ordinances, building codes, orders and all other requirements of federal, state, regional, county and local government authorities and agencies having jurisdiction over the activities to be performed hereunder, which requirements include, without limitation, all applicable statutes, regulations and orders conceming minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonbuming requirements, permits, fees and similar subjects ("applicable legal requirements"). The City shall have the right to inspect copies of all correspondence or any other documents sent to or from the Franchisee, its officers, employees, agents or subfranchisees to any government agency, federal, state, regional, county or local, related to any and all of the requirements of law relating to this Franchise. Any failure to comply with applicable ~ requirements that are, in the City's reasonable discretion, material to performance of the Franchisee's obligations herein shall constitute a breach of this Franchise for which the City may exercise its remedies iww-ned!ate!y, nc. twithstand!ng ............ ;~o specified ~'~-~;- as provided under Section 22 D above. Bo City's In the event any contract manager, officer or director of the Franchisee is convicted of fraud, bribery_ or attempted bribery of a public officer or employee, embezzlement, extortion, racketeering, false claims, false statements, forgery or any other similar felony involving business dishonesty, the Franchisee shall promptly remove from responsibility or office the convicted employee, officer or director and eliminate the ability of such employee, officer or director to manage, supervise or influence the decisions or actions of the Franchisee or any parent company of the Franchisee. If the Franchisee fails to comply with the foregoing obligation, the Franchisee may be considered in breach of this Agreement and the Franchisor may terminate this Agreement at the Franchisor's option as provided in Section 22. Cooperation with the City's Director related to ~ Solid Waste marketing and disposal. in resolving any issues and recycling collection, Responsibilities. Overall project administration and final approval on all Franchise activities. 50079323 04 -35- o All monitoring and evaluation of the collection, processing and disposal operations with the cooperation of the Franchisee. Review and ultimate approval of provisions for publicity and education components of this Franchise. Development of a review procedure for evaluating publicity documents and plans. 30. Modification. This Franchise constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing in advance and signed by the parties hereto. 31. Effective Date. This Franchise shall be effective upon execution by both parties. 32. Damage to Property. If any City property, or property of any residence or business of any kind is damaged by any reason of the Franchisee's operation under this Franchise, the Franchisee shall repair or replace the same after being notified of the damages, such repair or replacement of City Property being at the sole option of the City. All claims shall be resolved in a prompt, satisfactory manner. The City shall not be liable to the Franchisee for any loss or damage other than loss or damage occurring directly and solely as a result of the negligence of the City. 33. Payment of Claims. The Franchisee agrees to promptly pay as they become due all claims for labor, supplies and materials purchased for or furnished to the Franchisee in the execution of this Franchise, and further agrees to comply with all provisions of Federal, State, County and City laws and ordinances, rules and regulations affecting, directly or indirectly, the subject matter of this Franchise. 34. Rates. The go!id waste and recyc!'~ng collection rates chased shall be in d irk the pFli b! ~ most ~k~. ~ n~+~:~n ~., ,k~ o;+., ~c Fen~l x~a , which shall be considered by the City. Al! billing shall be in accordance with the rates rates ~d retainage amounts in effect on J~u~ 1, 1999 as set forth on Exhibit "B" a~ached hereto ~d incorporated herein by this reference, shall remain in effect through the end of the term (December 31, 2001), subject only to the adjustments expressly specified on Exhibit "B", and adjustments, if requested by the City, necessary_ to pass through to Federal Way decreases in disposal charges or disposal costs resulting from the delivery of tonnages to disposal facilities owned by entities other than King County.. The Franchisee shall have all exclusive responsibility for billing and collection of accounts for charges and services to customers under this Franchise. -36- 5~79323~ The As its total compensation for all services provided hereunder, the Franchisee shall retain "' ......... ~..~' .... *~'^";-~-~ ;~ "'~ ^-'~: ..... cc. ncem:n~.~ .~,~o ~,~ ~.. ,~ ~;,.. o ..... :~ ~ .................... gross revenues generated in accord~ce ~th the rates set fo~h on E~ibit "B" ~d ~ adjusted ~ set forth herein, minus the amounts specified on Exhibit "B" as City retainage. The Franchisee shall make payments to the City of City retainage amounts within thirty (30) days after the billing of customer accounts. ~---~ ........ v~.,---~---+ ~,-,..~'~" ~'~ equal *c. *~'~...~ mcnt~Ay rato ~:"'~.~ ~-.:~ Payments to the CiW here~der ~e exclusive of ~d in addition to ~g t~es, fees, assessments or other charges payable to the City now in effect or hereafter enacted. Franchisee shall be responsible for the timely payment of taxes and all other costs related to its obligations hereunder. W~hi gt P~';o~ Cem~:ss:en' ' ~' F~ V/ay ~: ..... ~ .......· ,~ ~ ~r~ .... ~ ]~, 1nn~ In the event that payment is not received b~ the City b~ the date specified in this Section, Fr~chisee shall pay a late payment fee equal to 10 percent of thc outstanding balance in addition to interest on the outstanding balance at the rate of 10 percent per annum calculated from the due date. 35. Service to New Customers. The Franchisee shall provide service to new customers within one week of request for such services. If Franchisee is unable to provide the size of gar-bag~ Garbage or recycling receptacle ordered by the customer within one week, then the Franchisee may temporarily provide the customer with any sufficient size ~ Garbage and recycling receptacle provided, however, the service provided to the customer and the rate charged the customer is equivalent to the service and rate for the gavbag~ Garbage and recycling receptacle ordered. The ~ Garbage and recycling receptacle and service ordered shall be provided to the customer no later than thirty (30) calendar days after the request. The Franchisee shall mail or deliver the following items to all new residential customers: 1) the brochure produced by the Franchisee entitled "Curbside Recycling; 2) the "Recycling Hint Sheet" produced by the City (and provided to the Franchisee by the City); 3) a collection calendar for recyc!ab!e:~.~-'~ .... ~ ..... .,~.~*~ Recyclable Materials and Yard Waste; and 4) a "Yard Waste Recycling" sign-up card. The availability of deskside recycling boxes shall be made known to all new commercial customers who indicate an interest in subscribing to recycling service. 36. City Owned Property and Buildings. The Franchisee agrees to provide for the removal and disposal of~.."~-~'~"~,.e,~ Garbage, refuse and recyclable materials from City occupied buildings and from City parks within the City limits of Federal Way without charge to the City, provided that the same is placed in the detachable containers or mobile toters agreed to between the City and Franchisee. The Franchisee shall provide a maximum of thirty (30) ninety gallon (90) toters for use by the City for recycling in City parks. The Franchisee shall provide deskside recycling boxes without charge to all City occupied buildings. In addition, Fire and Police Department offices located within the City of Federal Way shall be provided with deskside -37- 50079323 04 recycling boxes without charge provided that these departments have subscribed to recycling service with the Franchisee. 37. Severability. If any term or provision of this Franchise or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Franchise shall not affected thereby and each term and provision of the Franchise shall be valid and enforced to the fullest extent permitted by law. 38. Capital Expenditures. The Director shall be given prior written notice of proposed major capital expenditures planned by the Franchisee. For purposes of this section, the term major capital expenditures shall be those transactions involving the purchase of lease of any item of machinery or equipment which has an acquisition cost of Fifty Thousand and no/100 Dollars ($50,000.00) or more. The Director shall have ten (10) business days from the date of notification to object to the proposed expenditure in writing to the Franchisee. In the event the City fails to provide the requisite objection to the proposed expenditure, the Franchisee may proceed with the expenditure. The Franchisee will provide a list of proposed major capital expenditures to the City. This list will serve as a guide for the City in evaluating major capital expenditures. Both parties agree to meet and discuss the basis of any potential objection offered by the City. A minimum of twenty-five percent (25%) of the annual pre-tax profit margin realized by the Franchisee shall be re-invested in the Franchisee's company for the purpose of purchasing necessary equipment. This reinvestment is intended to reduce the amount of financing and allowable interest expense required for new capital expenditures, in order to forestall rate reviews. Although the Franchisee shall be required to reinvest twenty-five percent (25%) of its pre-tax profit, such expenditures may be averaged over three (3) years. The excess expenditure in any given year shall be treated as a credit against the amount of pre-tax profit that must be reinvested in future years. In any event, the Franchisee is required to reinvest no less than twenty five (25%) of pre-tax profit each and every year during the term of this Franchise after taking into consideration the application of any available reinvestment credit carried forward. The Franchisee shall report that such profit is reinvested by providing documentation satisfactory to the City when making or financing City approved capital purchases in excess of Fifty Thousand and no/lO0 Dollars ($50,000.00). Major capital expenditures made by the Franchisee shall be amortized over a period of seven (7) years for new equipment or five (5) years for used equipment, in order to minimize potential adverse impacts to the Franchisee's profit margin. Franchisee shall provide to the City a list of existing inventory, in form and content acceptable to the City, to assist the City with the evaluation of future equipment purchases, and to specify the equipment defined as "such property" under Section 8, (I), of this Franchise. The list shall include all of the Franchisee's vehicles, facilities, equipment, and property. The list shall also include general information on the type, number, and size of containers in use by Franchisee's customers. The list shall be updated on an annual basis, to reflect changes in the Franchisee's inventory. -38- 50079323 04 Equipment related to the provision of service under this Franchise which is purchased with City provided funding or grant funding will be and remain City property. Franchisee will be responsible for storage, accountability, inventorying, delivery, repair and maintenance of such equipment, at Franchisee's sole expense, in return for making use of the equipment at its service addresses. Such equipment will not be used to service accounts outside of the City of Federal Way. Any equipment purchased by the City using grant monies, and used by Franchisee, shall be maintained, accounted for, held, and replaced in accordance with the terms of said grant. After consulting with the Franchisee, the City agrees to purchase equipment types compatible with Franchisee's existing equipment and equipment distinguishable from Franchisees' own equipment. 39. Transition to Next Contractor. The Franchisee shall provide to the City one month before the expiration or earlier termination of this Franchise a complete list of customer contacts, phone numbers, addresses, service levels, and other requested customer service information. This information shall be provided on magnetic medium in a commonly recognized format acceptable to the City. The Franchisee shall work with the City and subsequent Solid Waste contractors or franchisees in good faith to ensure a minimum of customer disruption during the transition period. Commercial and residential receptacle removal and replacement shall be coordinated between the Franchisee and subsequent franchisees or contractors to occur simultaneously and minimize customer inconvenience. DATED this __ day of ., 1999. CITY OF FEDERAL WAY ATTEST: By: Kenneth E. Nyberg, City Manager 33530 1st Wa3' South Federal Way, WA 98003 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: -39- 5~79323~ City Attorney, Londi K. Lindell WASHINGTON WASTE HAULING & RECYCLING, INC. By: (Signature) (Name) Its: (Title) c/oWashington Waste Hauling & Recycling, Inc. P. O. Box 1877 Auburn, WA 98071-1877 -40- 50079323 04 ...................... REVISION LIST ...................... The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [2:3 2:3] Changed "Waiver 1" to "Waiver 2" [2:4 2:4] Changed "1" to "2" [2:6 2:6] Changed "7" to "8" [2:7 2:7] Changed "7" to "8" [2:8 2:8] Changed "Materials "to "Materialss" [2:9 2:9] Changed "8" to "9" [2:10 2:10] Changed "Requirements 8" to "Requirements 9" [2:11 2:11] Changed "13" to "14" [2:12 2:12] Changed "13" to "14" [2:13 2:13] Changed "13" to "14" [2:14 2:14] Changed "13" to "14" [2:15 2:15] Changed "Requirements 13" to "Requirements 14" [2:16 2:16] Changed "13" to "14" [2:17 2:17] Changed "14" to "15" [2:18 2:18] Changed "14" to "15" [2:19 2:19] Changed "14" to "15" [2:20 2:20] Changed "15" to "16" [2:21 2:21] Changed "16" to "17" [2:22 2:22] Changed "16" to "18" [2:23 2:23] Changed "17" to "18" [2:24 2:24] Changed "17" to "18" [2:25 2:25] Changed "Bond 17" to "Bond 19" [2:26 2:26] Changed "Practices 18" to "Practices 19" [2:27 2:27] Changed "18" to "20" [2:28 2:28] Changed "18" to "20" [2:29 2:29] Changed "18" to "20" [2:30 2:30] Changed "18" to "20" [2:31 2:31] Changed "19" to "21" [2:32 2:32] Changed "Administration 19" to "Administration 22" [2:33 2:33] Changed "Insurance 20" to "Insurance 22" [2:34 2:34] Changed "20" to "22" [2:35 2:35] Changed "20" to "22" [2:36 2:36] Changed "21" to "23" [2:37 2:37] Changed "21" to "24" [2:38 2:38] Changed "22" to "24" [2:39 2:39] Changed "22" to "25" [2:40 2:40] Changed "23" to "25" [2:41 2:41] Changed "23" to "26" [2:42 2:42] Changed "23" to "26" [3:1 3:1 ] Changed "23" to "26" 50079323 04 -41- [3:2 3:1] Del Paras [3:5 3:2] Changed [3:6 3:3] Changed [3:7 3:4] Changed [3:8 3:5] Changed [3:9 3:6] Changed [3:10 3:7] Changed [3:11 3:8] Changed [3:12 3:9] Changed [3:13 3: ! 0] Changed [3:14 3:11] Changed [3:15 3:12] Changed [3:16 3:13] Changed [3:17 3:14] Changed [3:18 3:15] Changed [3:19 3:16] Changed [3:20 3:17] Changed [3:21 3:18] Changed [3:22 3:19] Changed [3:23 3:20] Changed [3:24 3:21 ] Changed [3:25 3:22] Changed [3:26 3:23] Changed [3:27 3:24] Changed [3:28 3:25] Changed [3:29 3:26] Changed [3:30 3:27] Changed [3:31 3:28] Changed [3:31 3:29] Add Paras [4:3 4:3] Changed Washington," [4:3 4:3] Changed [4:3 4:3] Changed [4:3 4:4] Add Paras A. Recitals" [4:5 4:7] Changed [4:5 4:7] Changed [4:6 4:8] Changed [4:6 4:8] Changed [4:7 4:9] Changed [4:7 4:9] Changed [4:7 4:9] Changed [4:8 4:10] Changed [4:9 4:11] Changed [4:9 4:11] Changed "A. Assignments ... Responsibilities 24" "24" to "26" "24" to "26" "25" to "28" "25" to "28" "25" to "28" "26" to "29" "26" to "29" "26" to "29" "26" to "29" "26" to "29" "27" to "30" "27" to "30" "27" to "30" "28" to "31" "28. Annual ... Increase 28" to "28. Reserved 31" "28" to "31" "28" to "31" "29" to "32" "29" to "33" "29" to "33" "29" to "33" "30" to "33" "30" to "33" "30" to "34" "31" to "34" "31" to "34" "31" to "34" "39. Transition ... Convenience 36" "Federal Way ... Company, Inc., "to "Waste Management, "Collection as" to "Collection ("Franchise") as" "herein." to "herein, which ... hereby accepts." "The parties agree as follows: "WHEREAS, the Franchisee "to "A. 1 The Federal ... Disposal")" "solid waste" to "Solid Waste" "WHEREAS, "to "A.2" "solid waste "to "Solid Waste" "WHEREAS, the ... to grant, "to "A.3 The City granted" "desires to obtain" to "obtained" "solid waste "to "Solid Waste" "WHEREAS, it" to "A.4 It" "WHEREAS, the ... franchise" to "A.5 Federal ... the City" "and to" to "and agreed to" -42- 50079323 04 [4:9 4:11] Changed [4:9 4:12] Changed [4:10 4:13] Add Para [4:10 5:1] Del Para [4:12 5:2] Changed [4:15 5:5] Changed [5:3 5:8] Changed [5:3 5:8] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:6 5:11] Changed [5:7 6:1] Changed [5:7 6:1] Changed [5:7 6:1] Changed [5:9 6:3] Changed [6:3 6:6] Changed [6:3 6:6] Changed [6:4 6:7] Changed [6:6 6:9] Changed [6:6 7:1] Add Paras [6:6 7:5] Changed [6:6 7:5] Changed [6:6 7:5] Changed [6:7 7:6] Changed [6:8 7:7] Changed [6:8 7:7] Changed [6:9 7:8] Changed [6:9 7:8] Changed [7:1 8:1 ] Changed [7:2 8:2] Changed [7:3 8:3] Changed [7:3 8:3] Changed [7:4 8:4] Changed [7:4 8:4] Changed [7:5 8:5] Changed [7:7 8:8] Changed [7:7 8:8] Changed [7:8 8:9] Changed [7:8 8:9] Changed "the W.U.T.C. franchise" to "such rights" "NOW, THEREFORE," to "A.6 Franchisee ... the City." "A.7 The City agreed ... the Franchisee." "In consideration ... agreed as follows:" "municipal franchise" to "Franchise ... Franchise" "garbage" to "Garbage" "any garbage or" to "any Garbage or" "standard garbage can, garbage" to "standard Garbage can, Garbage" "chapter" to "Franchise" "Act, RCW 90.48;" to "Act, chapter 90.48" "90.48;" to "90.48 RCW;" "Act, RCW 70.94;" to "Act, chapter 70.94" "70.94;" to "70.94 RCW;" "Act, RCW 70.105 ;" to "Act, chapter 70.105" "70.105;" to "70.105 RCW;" "Act, RCW 70.105A;" to "Act, chapter 70.105A" "70.105A;" to "70.105A RCW;" ". The term ... facilities" to "or that is ... Hazardous Waste" "as garbage set" to "as Garbage set" "and garbage in" to "and Garbage in" "bags, garbage receptacles," to "bags, Garbage receptacles," "solid waste" to "Solid Waste" "yard waste" to "Yard Waste" "sumps." to "sumps and Hazardous Waste." "standard garbage can, garbage" to "standard Garbage can, Garbage" ' "M." to "M. "Hazardous ... WAC173-315-020), that is:" "1. defined as hazardous ... Hazardous Waste." "M." to "N." "municipal ... collection" to "municipal ... collection" "municipal ... waste per" to "municipal ... Waste per" "N" to "O" "0" to "P" "garbage" to "Garbage" "P" to "Q" "garbage" to "Garbage" "Q" to "R" "R" to "S" "S" to "T" "franchise" to "Franchise" "T." to "U." "garbage" to "Garbage" "U" to "V" "containing recyclables," to "containing ... Materials," "when recyclables are" to "when Recyclable Materials are" "V" to "W" "dangerous ... solid wastes" to "Hazardous ... Solid Wastes" 5007932304 -43- [7:8 8:9] Changed [7:8 8:9] Changed [7:8 8:9] Changed [8:1 8:10] Changed [8:2 9:1] Changed [8:2 9:1] Changed [8:3 9:2] Changed [8:3 9:2] Changed [8:4 9:3] Changed [8:4 9:3] Changed [8:5 9:4] Changed [8:5 9:4] Changed [8:6 9:5] Changed [8:7 9:6] Changed [8:7 9:6] Changed [8:8 9:7] Del Para [8:11 9:9] Changed [9:3 9:12] Changed [9:3 9:12] Changed [9:3 9:12] Changed [9:3 9:12] Changed [9:4 10:1] Changed [9:5 10:2] Changed [9:7 10:4] Changed [9:7 10:4] Changed [9:7 10:4] Changed [9:7 10:4] Changed [9:8 10:5] Changed [10:5 11:3] Changed [10:6 11:4] Changed [10:8 11:6] Changed [10:8 11:6] Changed [10:10 11:8] Changed "solid waste" to "Solid Waste" "WAC "to "chapter" "173-304." to "173-304 WAC." "W" to "X" "X" to "Y" "franchise" to "Franchise" "Y" to "Z" ", from septic ... 70.105A RCW." to "from septic ... Hazardous Waste." "Z. "Solid ... Utility "shall "to "AA. "Solid ... Utility" shall" "solid waste" to "Solid Waste" "AA" to "BB" "solid waste "to "Solid Waste" "BB" to "CC" "CC" to "DD" "garbage "to "Garbage" "DD. "Waste, Hazardous ... and Regulations." "yard waste "to "Yard Waste" "recyclables "to "Recyclable Materials" "solid waste, garbage" to "Solid Waste, Garbage" "yard waste" to "Yard Waste ... Hazardous Waste)" "Way and within ... Franchisee." to "Way." "yard waste" to "Yard Waste" "garbage" to "Garbage" "recyclables "to "Recyclable Materials" "for garbage collection" to "for Garbage collection" "solid waste "to "Solid Waste" "with garbage and" to "with Garbage and" "yard wastes "to "Yard Waste" "recyclables" to "Recyclable Materials" "solid waste "to "Solid Waste" "recyclables, and yard waste" to "Recyclable ... Yard Waste" "or yard waste bundles," to "or Yard Waste bundles," "solid waste, garbage" to "Solid Waste, Garbage" [ 10:10 11:8] Changed "recyclables" to "Recyclable Materials" [ 10:12 11:10] Changed "The terms" to "Unless terminated ... the term" [10:12 11:10] Changed "terminating "to "expiring" [11:3 11:13] Changed "RCW" to "chapter" [11:3 11:13] Changed [11:3 11:13] Changed [11:7 12:4] Changed [11:7 12:4] Changed [11:7 12:4] Changed [11:7 12:4] Changed [11:8 12:5] Changed [11:8 12:5] Changed [11:8 12:5] Changed "70.95.030," to "70.95.030 RCW," "yard waste" to "Yard Waste" "of yard waste in garbage" to "of Yard Waste in Garbage" "solid waste "to "Solid Waste" "with yard waste will" to "with Yard Waste will" "the yard waste is" to "the Yard Waste is" "day on the ... in December" to "day on the ... in December" "day on the ... in January" to "day on the ... in January" "all yard waste customers" to "all Yard Waste customers" -44- 50079323 04 [11:8 12:5] Changed "of yard waste subscription" to "of Yard Waste subscription" [11:9 12:6] Changed "yard waste" to "Yard Waste" [ 11:9 12:6] Changed "garbage" to "Garbage" [11:12 12:9] Changed "solid waste "to "Solid Waste" [ 11:13 12:10] Changed "garbage, recyclables and yard waste "to "Garbage, Recyclable Yard Waste" [12:11 13:4] Changed "Regular garbage collection" to "Regular Garbage collection" Changed "recyclables" to "Recyclable Materials" Changed "solid waste "to "Solid Waste" Changed "yard waste "to "Yard Waste" Changed "April - November," to "April November" Changed ", monthly" to "and every two (2) weeks" Changed "and January, ... months of" to ", January," Changed "regular garbage collection." to "regular Garbage collection." Changed "City, the" to "City, the ... City, and the" Changed "solid waste and recyclables" to "Solid Waste ... materials" Changed "collection." to "collection ... thereafter." Changed "solid waste, yard waste "to "Solid Waste, Yard Waste" Changed "recyclables or yard waste" to "Recyclable ... Yard Waste" 14:1] Changed "solid waste" to "Solid Waste" 14:2] Changed "use garbage and" to "use Garbage and" 14:2] Changed "replace garbage and" to "replace Garbage and" 14:3] Changed "garbage" to "Garbage" 14:4] Changed "recyclables or solid waste "to "Recyclable ... Solid Waste" 14:6] Changed "solid waste, ... recyclables "to "Solid Waste, ... Materials" Changed "substitute." to "substitute .... reference." Changed "solid waste" to "Solid Waste" Changed "garbage" to "Garbage" [15:11 16:10] Changed "garbage" to "Garbage" [16:1 16:11] Add Paras "R. The Franchisee ... City ordinances." [16:11 17:12] Changed "City," to "City as set ... Section21," [12:11 13:4] [12:11 13:4] [12:11 13:4] [12:11 13:4] [12:11 13:4] [12:11 13:4] [12:11 13:4] [12:13 13:6] [12:13 13:6] [12:13 13:6] [12:14 13:7] [13:2 13:10] [13:3 [13:4 [13:4 [13:5 [13:6 [14:1 [14:1 14:6] [15:8 16:7] [15:8 16:7] [17:7 18:7] Changed [17:7 18:7] Changed [17:7 18:7] Changed [18:1 19:1] Changed [18:2 19:2] Changed [18:4 19:4] Changed [18:5 19:5] Add Paras [18:5 19:8] Changed [18:5 19:8] Changed [18:5 19:8] Changed [18:9 20:1] Changed [ 18:10 20:2] Changed [18:11 20:3] Del Para [18:12 20:3] Changed [18:13 20:4] Changed "$2,500 "to "$10,000" "shared by" to "shared equally by" "City. The ... event. This" to "City. This" "if available." to "including ... Handlers.'"' "materials ... material." to "Recyclable ... customer." "For the first ... resolved." to "The number ... service level." "5. A log of all ... this Franchise." "5. Information" to "8. This information" "discs, if compatible, or" to "discs or" "copy and" to "copy as requested by the City and" "A.4 "to "A.8" "year-to-date ... Franchisee." to "annual financial ... Sectionl6.F." "3. For the first ... implementation schedules." "4" to "3" "5" to "4" 50079323 04 -45- [ 18:13 20:4] Changed [18:13 20:4] Changed [19:1 20:5] Changed [19:2 20:6] Changed [19:2 20:6] Changed [19:3 20:7] Add Para [20:2 21:7] Changed [20:4 21:9] Changed [20:4 21:9] Changed [20:4 21:9] Changed [20:4 21:9] Changed [20:4 21:9] Changed "each material "to "Recyclable Materials" "sold, verified" to "sold, by type, verified" "6" to "5" "7" to "6" "City 30," to "City," "7. A list of all ... this Franchise." "data. "to "data. These ... Franchise." "Franchisee ... maintain books," to "Franchisee ... thereafter books," "documents ... sufficiently" to "documents ... which fully" "reflect" to "document" "performance ... Agreement" to "Franchisees ... reasonably request" "monitor this Agreement." to "monitor this ... and records." [20:4 [21:9 [22:4 [22:4 [22:4 21:10] Add Paras "The Franchisee ... calendar quarter." 23:6] Changed "collectors at work" to "collectors that work" 24:3] Changed "assign a qualified ... charge of its" to "designate ... Franchisees" 24:3] Changed "City." to "City at all ... Contractor." 24:4] Add Para "The Franchisees ... initially shall be:" [22:4 24:5] Changed "City." to "The Franchisee ... withheld." [22:12 25:4] Add Para"." [22:12 25:5] Changed ". The collection" to "A. The collection" [22:12 25:5] Changed "garbage, recyclables and yard waste "to "Garbage, Recyclable ... Yard Waste" [23:1 25:6] Add Paras "The Franchisees ... normal office hours." [25:11 28:3] Changed "Federal Way ... Franchisee" to "Waste Management, Inc" [25:11 28:3] Changed "dated" to "originally entered into on" [26:10 29:4] Changed "The Franchisee ... monies due "to "Any Assignment ... a default" [26:10 29:4] Changed "without securing ... compliance herein." to ", unless the ... hereafter)." [26:11 29:5] Del Paras "The Franchisee ... responsibility undertaken." [27:8 29:5] Add Paras "For purposes of ... an Assignment." [28:1 30:1 ] Changed "Commencement ... out in the "to "Collection ... Franchise or" [28:1 30:1] Changed [28:1 30:1] Changed [28:1 30:1] Changed [28:1 30:1] Changed [28:1 30:1] Changed [28:1 30:1] Changed [28:1 30:1] "tO Collection ... [28:1 31:1] Add Para [28:3 31:3] Changed [28:4 31:4] Changed [28:4 31:4] Changed [28:4 31:4] Changed [29:6 32:6] Changed "$25 "to "$100" "this "to "the order" "given before" to "given on Monday ... or before" "according to "to "in the Franchisees" "Failures" to "Failure" "garbage" to "Garbage" "day "The parties agree ... in SubsectionD." "Each" to "Except as ... herein, each" "with all its" to "with any of its" "notify "to "(1) terminate ... notifying" "Credit." to "Credit, or ... Franchise." "otherwise." to "otherwise .... hereunder." -46- 50079323 04 [29:8 32:8] Changed "Agreement" to "Franchise" [30:4 33:4] Changed "environmental health" to "Environmental Damage" [30:10 33:10] Changed "recyclables, yard waste, "to "Recyclable ... Yard Waste," [30:10 33:10] Changed "garbage "to "Garbage" [30:10 33:10] Changed "solid waste, yard waste" to "Solid Waste, Yard Waste" [31:2 34:2] Changed "solid waste "to "Solid Waste" [31:3 34:3] Changed "Annual Rate and Price Increase" to "Reserved" [31:4 34:3] Changed ". At the request ... increases." to "" [31:9 34:9] Changed "solid waste "to "Solid Waste" [31:9 34:9] Changed "garbage" to "Garbage" [31:9 34:9] Changed "City." to "City; including, ... the City." [31:13 34:13] Changed "solid waste" to "Solid Waste" [32:5 35:3] Changed [32:5 35:3] Changed [32:5 35:4] Changed [32:5 35:4] Changed [32:6 35:5] Changed [32:6 35:5] Changed [33:5 36:15] Changed [33:7 36:17] Changed [33:7 36:17] Changed [33:8 37:1] Changed [33:8 37:1] Changed [33:9 37:2] Changed [33:11 37:4] Changed [33:11 37:4] Changed [33:11 37:4] Changed [33:11 37:4] Changed [33:12 37:5] Changed [34:2 37:7] Changed [35:3 [36:1 [36:7 "Acquisition of" to "Acquisition ... expense of" "registrations," to "registrations .... Franchisee." ", and compliance "to "12. In performing ... times comply" "laws." to "laws, regulations, ... specified herein." "12" to "13" "solid waste" to "Solid Waste" "solid waste ... the rates" to "rates and ... applicable" "The "to "As its total ... hereunder, the" "the amounts ... of service." to "gross revenues ... retainage." "City within" to "City of City ... amounts within" "The payment ... City Council." to "Payments to ... hereunder." "For services ... 17, 1991." to "In the event ... due date." "of garbage or" to "of Garbage or" "size garbage and" to "size Garbage and" "the garbage and" to "the Garbage and" "The garbage and" to "The Garbage and" "recyclables and yard waste" to "Recyclable ... Yard Waste" "garbage" to "Garbage" 39:1] Add Paras"39. Transition ... written notice." 40:1 ] Changed "FEDERAL WAY ... COMPANY, "to "WASTE MANAGEMENT," 40:7] Add Para "c/o USA WASTE OF WASHINGTON" .......... NOTE CHANGES .......... [ 1 1 ] Changed "50079323.01" to "50079323.04" [2 2] Changed "50079323.01" to "50079323.04" [3 3] Changed "33" to "37" [3 3] Changed "50079323.01" to "50079323.04" This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : G:\SEADOCS\CLEVG\TTDGB01!.DOC -47- 5~79323~ and revised document: G:\SEADOCS\CLEVG\TTDGB04!.DOC CompareRite found 284 change(s) in the text CompareRite found 4 change(s) in the notes Deletions appear as Overstrike text Additions appear as Double Underline text -48- 50O79323 04 MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: South 320th Street and Pacific Highway South (SR 99) Widening and Intersection Improvement Project - 30% Design Approval CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated May 12, 1999, submitted to the May 17, 1999 meeting of the Land Use and Transportation Committee; Suggestions for landscape alternatives at Gateway Center SUMMARY/BACKGROUND: This project includes adding HOV lanes east and westbound and a second left turn lane on the south, west, and east legs of the intersection. The purpose is to improve traffic flow, reduce accidents, and promote transit and car pool use. This intersection operates at a level of service "F" (failing) during the mid-day, evening, and weekend peak periods with 193 accidents in the past 3 years. CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 17th meeting, the Land Use and Transportation Committee recommended approval of items 1 and 2 only, and forwarded same to the June 1 meeting of the full City Council for approval. In addition, the committee provided feedback on the Gateway landscaping alternatives and directed staff to prepare a complete landscaping alternative for their consideration at a future meeting. 1. Approval of the 30% design plans for the South 320th Street and SR 99 Widening and Intersection Improvement Project and proceed with final design; 2. Authorize staff to proceed with right of way acquisition for the project. CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: , ' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\320-S R99.WPD COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: TO: May 12, 1999 Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Deputy Public Works Director ~U--~\ SUBJECT: South 320th Street and Pacific Highway South (SR Intersection Improvement Project - 30% Design Approval 99) Widening and BACKGROUND The South 320th Street and SR 99 Widening and Intersection Improvement Project includes adding HOV lanes east and westbound and a second left turn lane on the south, west and east legs of the intersection. The purpose of the project is to improve traffic flow, reduce accidents and promote transit and carpool use. More than 71,800 vehicles use the intersection on a average daily basis and the intersection operates at a level of service F during the mid-day, evening and weekend peak periods; with 193 accidents in the past 3 years. In conjunction with the road project the "Gateway" landscaping will be constructed at the intersection. Three alternatives have been developed based on previous input from the Downtown Revitalization Committee. Drawings and brief descriptions of the alternatives are attached. The project design is approximately 30% complete and right-of-way acquisition has been identified at the intersection. After approval of the 30% design plans, right-of-way acquisition and final design will begin. The 30% complete project plans will be presented by staff at the May 12, 1999 meeting for discussion. RECOMMENDATION Place the following items on the June 1, 1999 Council consent agenda for approval: Approve the 30% design plans for the South 320th Street and Pacific Highway South Widening and Intersection Improvement Project and proceed with final design. 2. Approve a recommended "Gateway" landscape alternative. 3. Authorize staff to proceed with right-of-way acquisition for the project. KMkkm cc: Project File Day File CITY OF FEDERAL WAY GATEWAYS AT PACIFIC HIGHWAY SOUTH & SOUTIt 320TH GENERAL The central goal of the gateway is to upgrade the appearance of the intersection by providing attractive enhancements at each of the four coruers. These Gateway features will make this city hub intersection a visually identifiable place and establish a framework for extending new street improvements (trees, shrubs, sidewalks and lighting) on both Pacific Highway South and South 320th. PUBLIC REVIEW PROCESS Development of the Federal Way Comprehensive Plan City Center Element and Street Design Guidelines set the creative process in motion and developed a vision. Open house design review meetings held with City staff, Council members, Consultants, Downtown Revitalization Committee, business owners and other citizens were conducted March-May, 1998. Statements emerged for desired improvements such as "pedestrian oriented streetscape"; "unified design theme"; "safe, essential vibrant street life"; "provide quality unique landscape plantings"; "consider a water feature"; "try to create a place for structures with gazebo like roofs"; "tie to the city's logo and dark green and blue color system". From these suggestions, three (3) gateway themes have been developed. LANDSCAPE CONCEPT Using the elements of nature-including trees, shrubs, flowers, and large boulders a natural landscape theme is created here. Also, a small trickling water feature is added to the rocks at the Seafirst Corner. Evergreen Cedars, flowering trees, select specimen rhododendrons and other flowering plants are the primary elements in this subtle "Northwest Style'? concept. Low WALL CONCEPT A feature of this concept is the highly visible City logo and name located on a panel attached to the low textured color tinted concrete block wall. The wall is 18 to 48 inches high which provides some view softening and backdrop to plantings, which are more formally arranged than the Northwest style landscape concept. Select spots on the Iow wall are suitable for short-term seating. STRUCTURE CONCEPT Metal shelters and information boards will provide the most unique part of this concept. The roof and structure colors are dark green and blue from Federal Way's color set. A low wall forms a foundation and short-term seating. True 5~6 sided gazebo shapes are not possible due to space constraints but structure angles and roof pitches provide visual interest. Lighting in the gtructure can provide highlighting on the City of Federal Way ,logo panels and brighten the waiting area for pedestrians at the crosswalks. The structures would be made of painted steel for roofing posts and panels. 0 T 0 ~ EXISTING SWALE LANDSCAPE CONCEPT Federal Way SR- 99 at S. 320th Intersection 0 SWALE WALL CONCEPT Federal Way SR - 99 at S. 320th Intersection o~ ~ I I I EXISTING SWALE Federal Way SR - 99 at S. 320th Intersection STRUCTURE CONCEPT MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated May 13, 1999, submitted to the May 17, 1999 meeting of the Land Use and Transportation Committee SUMMARY/BACKGROUND: Due to the siting of Sound Transit facilities and private work along the So 320th Street corridor, the underground conversion will be split into three phases. The total estimated cost for Phase One Gateway Center, Phase Two from 20th Avenue So to l lth Place So and Phase Three from 20th Avenue So to Gateway Center is $880,380.00. As each project phase is constructed, the trenching and restoration estimate of $60.00 per linear foot could be reduced and savings realized by combining this work with other street improvement projects. CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 17~h meeting, the Land Use and Transportation Committee forwarded the following staff recommendations to the June 1, 1999 meeting of the full City Council: 1. Approval to execute an agreement with Puget Sound Energy for $151,500.00 for undergrounding the power lines adjacent to Gateway Center along S. 320th Street; 2. Approval to not include relocating or undergrounding of switching equipment due to project budget constraints. CITY MANAGER RECOMMENDATION: ~'[."' ............................................................................................................................................................ ~i.:..~ .................................. ............................................................. APPROVED FOR INCLUSION IN COUNCIL PACKET[_ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\UNDERGRD. WPD COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: TO: FROM: SUBJECT: May 13, 1999 Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Deputy Public Works Director South 32ffh Street Underground Conversion Agreement with Puget Sound Energy BACKGROUND On September 16, 1997, the City Council approved a $856,300.00 expenditure for undergrounding overhead power and telephone lines on So 320"' Street from I-5 to 11~ Place So. This cost includes $791,300.00 for Puget Sound Energy (PSE) and $65,000.00 for U.S. West Communications. The City has been working with PSE, and due to the siting of Sound Transit facilities and private work along the corridor, the conversion will be split into three phases. Phase One Gateway Center - Estimated Cost (see attached) $151,500.00 100% tariff applies (Note: Above cost does not include relocating or undergrounding of existing switching equipment as requested by Dan Casey) Phase Two from 20th Avenue So to 11"~ Place So - Estimated Cost 3,900 LF x $103.20 per LF - 30% tariff applies $402,480.00 Phase Three from 20th Avenue S. to Gateway Center - Estimated Cost 1,600 LF x $204 per LF - 100% tariff applies $326,400.00 Total Estimated Cost $880,380.00 The $880,380.00 estimated cost for PSE to underground their facilities along So 32ffh Street is 11% over the original estimate. As the various project phases are constructed, the trenching and restoration that is estimated at $60 per linear foot could be reduced and as a result, savings could be realized by combining this work with other street improvement projects. RECOMMENDATION Forward the following staff recommendation to the full City Council for consideration at its June 1, 1999 meeting: 1. " Approve executing an agreement with PSE for $151,500.00 for undergrounding the power lines adjacent to Gateway Center along So 32ffh Street. Approve of the staff recommendation to not include undergrounding of switching equipment due to project budget constraints. K:\LUTC\I )))\UNDERGRD.WI D PUGET SOUND ENERGY November 30, 1998 Mr. Ken Miller, P.E. City of Federal Way Street Systems Manager 33530 Is' Way South Federal Way, WA 98003-6221 Re.' Gateway Underground Conversion PSE work order number 101001814 Dear Ken, Puget Sound Energy will underground that portion of S 320'" St. in front of Gateway Center as indicated on the enclosed work sketch # 101001814. The estimated cost of this construction, including PSE performing the excavation, is $179,518.00. Actual cost will be billed to the City at the conclusion of the project. As requested, the following estimate includes the trenching and road crossings. It is my understanding that after reviewing this estimate and subsequent bids from the City's contractors you will notify me if you would like PSE to complete the trenching and road crossings portion of the project. $ 24,640.00 $ 34,878.00 $ 12O,OOO.O0 $179,518.00 Trenching (along Marriott frontage and in the Pier One Imports parking lot, cost includes $3300 for cement and asphalt removal/replacement and $5500.00 for select backfill). Street crossings (I-5 off ramp, Gateway Blvd., S. 320th St. and BP's driveway entrance) Engineering, conduit and electrical equipment installation Total The cost shown above for "Engineering, conduit and electrical equipment installation" includes the total underground switch. The cost difference between the total underground and the pad mounted switch is approximately $17,000.00. The cost increase of setting the switch where it is shown on the sketch versus installing it on the northeast corner of S. 320'h St. and Gateway Blvd. is approximately $11,000.00. Page 2 . Mr. Ken Miller November 30, 1998 If everything above and on the enclosed work sketch meets with your approval, please sign and return this letter along with one copy of the sketch, also signed and dated with the City's purchase order number as indication of your acceptance. If you have any questions, please contact me in our Kent Service Center at 253-395-6930. Dan L. Swan Project Manager Major Projects Accepted by: Printed Name: Date: enclosures MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23rd Avenue So (So 317th Street to So 324'h Street) Road Improvements - Update CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated May 11, 1999 submitted to the May 17, 1999 meeting of the Land Use and Transportation Committee; Table depicting proposed funding sources; Proposed So 320th Street Roadway Section; Proposed Channelization SUMMARY/BACKGROUND: This project widens 23rd Avenue So into five lanes. The design phase of this project is complete and right of way acquisition has begun. As part of the Value Engineering study and based on current traffic analyses, it was determined that the intersection of 23rd Avenue So and So 320th Street is operating at a level of service "F", or failing. This is mainly due to the number of left turns from So 320h Street to southbound 23rd Avenue So. This intersection will be further impacted by additional traffic and congestion from the two new hotels under construction, as well as the proposed Sound Transit improvements located north of So 320th and adjacent to 23rd Avenue So. The City will be relocating the traffic signal poles on all four corners of the intersection as part of the 23 rd Avenue So project, therefore, it would be more efficient, timely and cost effective to construct the So 320 th Street double left turn project (currently on the City's Six Year Transportation Improvement Plan) and the 23ra Avenue So project simultaneously. To that end, staff applied to the T:ansportation Improvement Board for funding of t~,e combined projects and was successful in being awarded $1,000,000.00 toward the total cost of $2,586,400.00. Proposed funding sources for the remaining expanded project costs are shown on the attachments to the subject memorandum. CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 17th meeting, the Land Use and Transportation Committee recommended approval of staff s update and grant application for the Double Left Hand Turn Lanes and forwarded this topic to the June 1, 1999 meeting of the full City Council. RECOMMENDATION: .... : CITY MANAGER APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\23RDAVES.WPD COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ DA TE: TO: FROM: SUBJECT: May 11, 1999 Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Deputy Public Works Director 23r~ Avenue South (South 317tn Street to South 324tn Street) Road Improvements- Update BACKGROUND This project widens 23rd Avenue South to five lanes, two lanes in each direction with a two way left turn lane, from South 317th Street to South 324th Street. The Sea Tac Mall entrance will be aligned with South 322nd Street, and signals will be installed at South 322nd and at South 317th Streets, with decorative lighting and landscaping installed in accordance with the City Center Street Design Guidelines. Twelve foot sidewalks with wheel chair ramps will be added to both sides of 23rd Avenue South. The design phase of the 23rd Avenue South (South 317th Street to South 324th Street) Road Improvement Project is complete. Right of way acquisition has begun with offers being made to property owners. This project is funded through final design, right of way acquisition, and construction. .As a part of the Value Engineering study and based on current traffic analyses, the intersection of 23rd Avenue South and South 320th Street is at level of service "F," or failing. This is mainly due to the number of left turns from South 320th Street to southbound 23rd Avenue South. This intersection will be further impacted with additional traffic and congestion from the two new hotels currently under construction as well as the proposed Sound Transit improvements located north of So 320'~ and adjacent to 23rd Avenue So. The City is currently acquiring right of way and will be relocating the traffic signal on all four corners of the intersection as a part of the original 23rd Avenue So project, and as such, it would be more efficient, timely, and cost effective to construct the South 320th Street double left turn project (which is on the City's Six Year Transportation Improvement Plan) and 23rd Avenue So project simultaneously. To this end, staff applied to the Transportation Improvement Board for funding of the combined projects and was successful in being awarded $1,000,000 towards the total cost of $2,586,400. Combining the projects will increase the total estimated project cost from $6,134,020. to $8,720,420. Proposed funding sources for the remaining expanded project costs are shown on the attachments. Staff will be present at the meeting to present the information and answer questions. ~COMMENDATION Place the informational memo on the June 1,1999 Council Consent agenda. KM:jg Attachment K:\LUTC\ 1999\23RI)AVES.WPD LLI 0 Z o o o o C3 o o o o ~ 0 i~ 0 I'-.- C~l o o o o~ (~1 co I'-.. o '~ o o I'-.. I'-.. o (~ o ~ o o ~ ~0 o ~0 ,- ~ o o ~- ,- ~ o~ 0 0 0 0 i~I 0 0 0 0 C) Z o o ~ _i ~ o o ~ 0 0 o c~ - m ~ o ~ ~ ~.~ Z 0 n- U3 0 ~ 0 0 0 0 ~ ~ 0 ~ 0 z ~ ~ 0 0 ~ o o ~ Z o o ~ ~ Z ~ Z ~ 0 ~ ~ ~ o 0 0 ~ o ~ ~ 0 ~ z m ~ m 0 m._ .~ m ~ ~ < < o ~ ~ a < ~~ ~ ~ t.- 8 E t-' ~ 'ID > .c: t'-' ~ .12= o o 0_ > C¥ MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: FWSD Capital Facilities Plan and School Impact Fees ~EGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Federal Way School District (District) Capital Facilities Plan and proposed impact fees. SUMMARY/BACKGROUND: This is the required annual update of the District's capital facilities plan and the corresponding impact fee calculations. The Plan was approved by the School Board on April 26, 1999 and will now be reviewed by the City of Kent and King County in addition to the City of Federal Way. In the past, each of these jurisdictions had adopted the fees on different dates and for different effective periods. The 1998 impact fees were effective in July for the City of Federal Way, August for the City of Kent and November for King County. To simplify and make these effective dates more consistent, it is proposed that the new fees be effective on January 1st 2000 for jurisdictions within the District boundary. This would also allow the City to incorporate the school impact fee changes with our annual fee schedule update process. CITY COUNCIL COMMITTEE RECOMMENDATION: The plan and proposed fees were reviewed by the Land Use and Transportation Committee at their May 17th meeting. The Committee approved the plan unanimously and forwarde~l consideration. CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: :, it to the full Council for (BEL 0 W TO BE COMPL E TED B Y CITY C£ ERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION \\CFW_CII\DA FA~,MS\FINANCE\COUNCIL',SCItlM PAC\99AGNDADOC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: May 24, 1999 Federal Way City Council Iwen Wang, Management Services Director __~-~ ',-- 1998/99 Federal Way School District Capital Facilities Plan Attached is a copy of the Federal Way School District (the District) 1998/99 Capital Facilities Plan (the Plan) for your review. The plan has been reviewed and approved by the School Board in April, and is now being reviewed by all cities in the District boundary and King County. If approved by City Council, the fee will be effective January 1, 2000. ' The impact fees based on the Plan will be $2,383 per new single family dwelling unit and $786 for each new multi-family dwelling unit. This is a reduction of $499 (17%) and $88 (10%) respectively from the current rates of $2,882 and $874. The lower fees are primarily attributable to the District's higher reliance on temporary facilities (portables), and the proposed change in grade configuration in 2003/04 school year. The District increased the number of temporary facilities from a total of 79 portable facilities to 90, with the percentage of pupils housed in portable facilities increased from 2.66% to 3.05%. Since the unit cost of temporary facility is lower, the more portable facilities in proportion to the permanent facilities the lower the impact fees. The proposed reconfiguration of the grade structure will change the current K6/3/3 to K5/3/4 (number of years in elementary/middle/high schools respectively). This change reduces the demand on elementary school facilities, which is heavily weighted (41%) in new development contribution and the impact fee calculation. Instead, this change will shift future facility demands and costs to middle and high school constructions and expansions, where a smaller portion (16% for middle school and 11% for high school) of the costs can be allocated to new developments based on the student generation factors~ District staff and myself will be at the June 1 Council meeting to answer any questions you may have. Please do not hesitate to call me should you have any questions or need additional information prior to the meeting. ' The Student Generation Factor is determined by the number of students, by the level of school they are in, generated by new development projects through sampling of large nex~ subdivision activities in the District boundary, within the past 5 years. K :\FI N -~. NCE\* \99C V M F_ MA FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost / Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MIR ~.00 $0 ~84 0.4080 0.0615 $0 $0 ................ 2. 0.:...0~... ........... .$...5..0..,.~ ...................... 7.8.7. ................... ..0.:.1...5..6...3. ............... ..0.:..0..3.~.~ $199 $43 40.00 $80,000 1,232 0.1146 0.0410 $298 $106 TOTAL $496 $150 Elementary Jr High Sr High School Comtruetion Cost: Student Student % Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR 96.'95% $0 ' z~84 0.4080 0.0615 $0 S0 ............ . .9. .6. . .. .9. . 5.~ ...$..1...7.:~.,.~ .................... ..7..8...7. .................... .0..:.1...5..6...3. ............... ..0.:.0...3...4..2. $3,273 $716 96.95% $50,000,000 1,232 0.1146 0.0410 $4,509 $1,613 TOTAL $7,782 $2,329 Elementary Jr High Sr High Temporary Facility Cost: Elementary Jr High Sr High Student Student % Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR ............... Lo...5.,o,/?. .......... ....................... .2...s. ................... ................ $11 $2 3.05% $55,361 25 0.1146 0.0410 S8 $3 TOTAL $46 $9 State Matching Credit Calculation: Elementary Jr High New Sr High Student Student Boeck Cost/ Sq. Ft. State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR ~99.68 01 60.62% 0.4080 0.0615 $0 $0 ............. $.9...9.:.6...8. ....................... !..!..2.1 ........... . .6. .0. : .6. 2.~ ................... .0..:.1...5..6...3. ............... ..0.:..0..3...4..2. $1,058 $231 $99.68 120 60.62% 0.1146 0.0410 $831 $297 Total $1,889 $529 Tax Payment Credit Calculation Average Assessed Value (May 99) Capital Bond Interest Rate (March 99) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream SFR MFR 5.11% 5.11% ........ 1. ...... 10 10 $1.42 $1.42 $1,670 $387 Mitigation Fee Summary Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit Sub-Total 50% Local Share [llmpact Fee Single Family Multi-Family Residences Residences $496 $150 $7,782 $2,329 $46 $9 ($1,889) ($529) ($1,670) ($387) $4,766 $1,573 $2,383 $786 $2,383 $786 Imll~ F# 99 8.~ 05/17/99 2:$3 PM III-16 FEDERAL April 29, 1999 Iwen Wang City of Federal Way 33530 Ist Wa3' S Federal Way WA 98003 Dear lwen; Enclosed are five copies ofthe Federal Way School District 1998/99 Capital Facilities Plan. This plan was adopted April 26, 1999 by the Federal Way School District Board of Directors. We will produce and transmit final bound copies of the plan after all jurisdictional reviews are complete. The report of expenditures fi'om the City of Federal Way Impact Fee Account is also enclosed. If you have any questions please call me at (253) 945-2071. Sincerely, Geri Walker MIS Speciali3t C Jody Putman, Director of Business Services Phone (253) 945-2000 * 31405 18th Avenue South · Federal Way, WA 98003-5433 · www. fwsd.wednet.edu rr I-- CC IJJ O_ FEDERAL WAY PUBLIC' SCHOOLS 1998 -99 CAPITAL FACILITIES PLAN FEDERAL WAY Iii ! :Ill/II :lelel~1 Every Student... World Class Skills FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Linda Hendrickson Holly Isaman Joel Marks Ann Murphy Jim Storvick SUPERINTENDENT Thomas J. Vander Ark FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION I SECTION SECTION Ill SECTION IV TABLE OF CONTENTS TABLE OF CONTENTS ........................................ INTRODUCTION .................................................. THE CAPITAL FACILITIF_3 PLAN Introduction ............................................................. Inventory of Educational Facilities ............................. Inventor3' of Non-Instructional Facilities .................... Needs Forecast - Existing Facilities .......................... Needs Forecast - New Facilities .............................. Six Year Finance Plan .............................................. MAPS OF DISTRICT BOUNDARIES Introduction ............................................................. Map - Elementary Boundaries .................... Map - Junior High Boundaries .................... Map - Senior High Boundaries ................... SUPPORT DOCUMENTATION Introduction ............................................................. Building Capacities ................................................... Portable Locations ................................................... Student Forecast ...................................................... Capacity Summaries ................................................. King County Impact Fee Calculations ....................... SUMMARY OF CHANGES FROM THE 1997/98 PLAN ii III-V I-1 I-2 I-3 I-4 1-5 1-6 II-I II-2 II-3 II-4 1/I-1 11I-2 111-4 HI-6 11I-8 111-13 IV-1 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991), and under the School Impact Fee Ordinances of King County Code 2lA, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective March 1996, Federal Way Public Schools has updated its 1997/98 Capital Facilities Plan as of April 1999 This Plan has been adopted by King County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Auburn and City of Des Moines have not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within thc: Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies. Additional plans will be consistent with the six year Capital Facilities Plan. At this time, Federal Way Public Schools is evaluating the need for and possible timing of future bonds. iii FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIF_~ PLAN INTRODUCTION (continued) In October of 1997 the District convened a Study and Survey Committee. The Committee was made up of patrons, parents, professional consultants, school staff and central administration staff. The charge of the Committee was divided into four focus areas on a continuum, which lead to recommendations to the Board of Education. The four focus committees were: 1. Educational Plan Committee 2. Special Education Committee 3. Classroom Standards and Facility Use Committee 4. Future Alternative Committee Two recommendations were sent forward to the Board of Education from this committee. The first recommendation was to move to a Pre K-5 elementary, 6-8 middle school, and 9-12 high school grade configuration beginning in the fall of 2002 or as additional high school space allows. The Board of Education approved this recommendation at the October 12, 1998 regular Board Meeting. This grade configuration is believed to be more responsive to student needs. It will allow for smaller elementary enrollments with room for lower primary class sizes. The middle school allows two-year preparation for the WA State 7th grade test, matches the Federal Way Public Schools 8t~ grade gateway test, and matches most western Washington districts. Middle schools are also thought to be a better way to address the needs of adolescents in a period of transition from elementary o high school. The four-year high school plan combines the 9-12 graduation credit system, allows two-year preparation from the l0t~ grade test, and physically places the high school students together. The second recommendation brought forward from the committee to the Board of Education was a bond proposal. Federal Way Public Schools must meet the needs of a growing student and community population. The District must be flexible with buildings, programs and staffing to meet the needs of the 21st Century, while being financially responsible and sensitive to the current tax rates. A flexible, cost effective and educationally beneficial approach that integrates academics and high tech/high skill preparation is needed. By extending the existing debt and creatively using new and existing facilities, the District can meet these complex needs with no increase in local tax rates. The bond proposal of $83 million was arrived at after receiving input from parents, staff and the community. Member of the Citizens for Federal Way Schools and senior staff members met with school staff and PTSA groups. This process concluded with two daylong meetings among a group of faculty members. Based upon information the District received, it became apparent that people wanted a comprehensive high school ($44 million); a middle school ($17 million); expansion and improvement of existing schools ($9 million); replace Truman High School ($6 million) and other general improvements ($7 million). Additional planned improvements included in the bond proposal are: parking and pedestrian safety, playgrounds iv FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN and sports fields, new classroom start-up and music equipment, information systems and networks and emergency communications. The Board of Education unanimously apprOved this bond recommendation at the February 8, 1999 regular Board Meeting. This proposal will be submitted for voter approval on May 18, 1999. Federal Way Public Schools opened the Internet Academy in the 1996/97 school year. This program currently serves approximately 615 students, 375 are full time students. Intemet Academy has grown from about 60 students to the current 615 in less than two years. The forecast for growth in this program is to serve approximately 1400 full time students by the year 2004. Intemet Academy is currently operating out of leased space consisting of administrative areas and a computer lab area. Additionally, some lab sections are scheduled in the current high school facilities during non-school hours. There is an anticipated need of approximately 2000 square feet of additional space over the next two years. This capacity is not included in the analysis of instructional spaces. The facility needs are unique to a program of "distance learners". The Marketing Academy is also operating out of leased space. This program serves approximately 60 students. Capacity needs for Marketing Academy have not been addressed in the analysis of instructional space. Federal Way Public Academy will open in the 1999/00 school year in six portables on the Illahee Junior High site. This school will serve 120 seventh and eight grade students. SECTION I THE CAPITAL FACILITES PLAN FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION I - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. This is followed by a Financial Plan which shows expected funding for any new construction, portables and update modernization needs listed. FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide Brigadoon Camelot Enterprise Green Gables Lake Dolloff Lake Grove Lakeland Mark Twain Meredith Hill Mirror Lake Nautilus Olympic View Panther Lake Rainier View Sherwood Forest Silver Lake Star Lake S unnycrest Twin Lakes Valhalla Wildwood Woodmont 1635 SW 304th Street 3601 SW 336th Street 4041 S 298th Street 35101 5th Avenue SW 32607 47th Avenue SW 4200 S 308th Street 303 SW 308th Street 356'75 32nd Avenue S 2450 S Star Lake Road 5830 S 300th Street 625 S 314th Street 1000 S 289th Street 2626 SW 327th Street 34424 1 st Avenue S 3015 S 368th Street 34600 12th Avenue SW 1310 SW 325th Place 4014 S 270th Street 24629 42nd Avenue S 4400 SW 320th Street 27847 42nd Avenue S 2405 S 300th Street 26454 16th Avenue S. Federal Way Federal Way Auburn Federal Way Federal Way Auburn Federal Way Auburn Federal Way Auburn Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way Kent Kent Federal Way Auburn Federal Way Des Moines .JUNIOR HIGH SCHOOLS Federal Way Public Academy (99/00) Illahee Kilo Lakota Sacajawea Saghalie Totem 36001 1st Ave S 36001 Ist Avenue S 4400 S 308th Street 1415 SW 314th Street 1 I01 S Dash Point Road 33914 19th Avenue SW 26630 40th Avenue S Federal Way Federal Way Auburn Federal Way Federal Way Federal Way Kent SENIOR HIGH SCHOOLS Decatur Federal Way Thomas Jefferson 2800 SW 320th Street 30611 16th Avenue S 4248 S 288th Street Federal Way Federal Way Auburn ALTERNATIVE SCHOOLS Merit School Harry S Truman High School LEASED SPACE Internet Academy Marketing Academy 31455 28th Ave S 31455 28th Ave S 32020 1st Ave S 1928 S Sea Tac Mall Federal Way Federal Way Federal Way Federal Way 98023 98023 98001 98023 98023 98001 98023 98001 98003 98001 98003 98003 98023 98003 98003 98023 98023 98032 98032 98023 98001 98003 98198 98003 98003 98001 98023 98003 98023 98032 98023 98003 98001 98003 98003 98003 98003 1.2 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Property Administrative Building MOT Site Central Kitchen Federal Way Memorial Field Leased Space Community Resource Center Security Offices 31405 18th Avenue S 1066.S 320th Street 1344 S 308th Street 1300 S 308th Street 1928 S Sea Tac Mall 30819 14th Ave S Federal Way Federal Way Federal Way Federal Way Federal Way Federal Way 98003 98003 98003 98003 98003 98003 ,~te # Undeveloped Property Location 91 23 35 40 63 71 72 84 96 27th Avenue SW & Dash Point Road SW 360th Street & 3rd Avenue SW S 351st Street & 52nd Avenue S E of 10th Avenue SW Between SW 334th & SW 335th Streets E of 47th Avenue SW & SW 314th Place S 344th Street & 46th Avenue S 36600 block of Pacific Highway S 3737 S 360th Street S 308th Street & 14th Avenue S Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. ~ There is a pending sale on this property. I-3 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY Truman High School FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Modernization with expansion (1) Decatur High School, Federal Way High School and Thomas Jefferson High School Purchase and Relocate Interim Capacity (1) Portables Expansion (1) Various School Sites Parking Safety; Network Upgrades; Automated Libraries; Elementary Playgrounds; High School Sports Fields; Emergency Communications. (2) Notes: (t) (2) Anticipated source of funds is state matching funds, Impact Fees, future bond issues or non-voted debt issues. Anticipated source of funds is future bond issues. I-4 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN NEEDS FORECAST - NEW FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS MOT Site (1) Unknown N/A Senior Hi~;h School Site Unknown (2) New Senior High School Unknown (2) New Middle School Site 84 (2) S 360t~ St at 38th Ave S S I Notes: (1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on sale of current MOT site. (2) Anticipated source of funds is state matching funds, Impact Fees, future bond issues or non-voted debt issues. I-5 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Six Year Finance Plan ~curt~l Funding [ ~ources 1999 2000 2001 2002 2003 2004 Total Revenue Impact Fees (1) $1,000,000 $60,764 Sl,060,764 Land Sale Funds (2) $1,000,000 $2,500,000 $1,050,152 $4,550,152 State Match Funds 43) $832,166 $44,302 $876,468 TOTAL $1,832,166 S.3,t)44,302 $1,110,916 $0 $0! $0 $6,487,384 Unsecured Fundin~ Sources State Match Funds 46) $7,000,000 Bond or Levy Funds 44) $83,000,000 Land Fund Sales 47) S800,000 Impact Fees 45) $1,500,000 TOTAL $92,300,000 NEW SCHOOLS 1999 2000 2001 2002 200.1 2004 Total Cost New Middle School $2,000,000 $12,000,000 $3,000,000 $17,000,000 qew Senior High School SS,000,000 $20,000,000 S15,000,000 S500,000 $40,500,000 New Senior High School Site $1,000,000 $2,500,000 $3,500,000 MODERNIZATION AND EXPANSION Truman Senior High (Alternative) $3,500,000 $2.500,000 $6,000,000 Exp~msion Three High Schools $2,500,00,0 $2,500,000 $2.500,000 $7,500,000 Expansion Elementary Schools $750,000 $750,000 $1,500,000 Port*hies (8) $276,805 $276,8t,. OTIlER Safe~ Improvements (9a) $500,000 $1,000,000 $1,000,000 $500,000 $3,000,000 School Improvements (9b) $500,000 $2.000,0001 $1,600.000 $200,000 $200,000 $4,500,000 Facilities Depar~nent $250,000 S250,000 $250.000 . S250.000 $250,000 S250,0OO Sl,500,000 Library System Improvements $650,000 $650,000 $1,300,000 MIS System Project $600,000 $100,000 $700,000 feTAL $1,500,000 $6,250,000 $19,500,000 $39,850,000 $18,950,000 $1,226,805 $87,276,80-~ No'rF~: 1. These fees are currently being held in a King County, City of Federal Way and City of Kent impact fee account, and will bc available for use by the Distcict for system improvements. 2. These funds come from various sales of land and are sst aside for estimated expenditure. 3. Goarantecd state match r~imbursemenL'~. 4. These funds, if secured, will bc oscd for future p(x)jccts. 5. Thesc arc projected fees based upon known residcntial dcvclopmcnts in thc District ovcv thc ncxt six ycar~. 6. These funds arc projected stab: matching funds. 7. Thcse funds arc projectcd land sale income. 8. These fees represent thc cost of moving and siting existing portables. Thc District may chooss to purchase ncw portables in thc years shown. This estimate may also include thc cost of purchasing thcse portables. 9a. These projects have been apl~ovcd by thc Board of Directors and covcr most schools. Thesc project~ do not increase capacity. These projects inlcudc parking and I:)cdesttlan safety improvements at 15 elementary schools. 9b. These projects have bccn approved by thc Board of Directors and cover most schools. Thcss projects do not increase capacity. These projects include: school nctwodo, info,nation and library sustcm, s; new classroom starX up; elementary playgTounda and high school apo(ts ficlds; music equipment; cmergency communication. I-6 SECTION II MAPS OF DISTRICT BOUNDARIES FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION II - MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-6), six junior high schools (grades 7-9), three senior high schools (grades 10-12) and two alternative schools (grades 7-12) for the 1998/99 school year. On April 20, 1996 the Federal Way Public Schools Board of Education adopted the boundaries for these schools. The following maps show the service area boundaries for each school for each grade level (the alternative schools, Harry S. Truman High School and Merit School, serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs which affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. II-1 ELEMENTARY SCHOOL BOUNDARIES FEDERAL WAY SCHOOL DISTRICT No. 210 E m .o.. F .~ G ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS 15 B~ B-,8 N Kilo 2~ Camek~ G-5 ~2 Lakote D~ 22 ~ Oog ~t SacaJawea E-5 t4 G~ Gablee Ao7 70 Saghalle C-8 30 L~ke ~ G-~ ~ To~m G-3 33 Lakeland F-~ 2 Ma~ Twlln F.4 2~ Meredith Hill H-~ SENIOR HIGH SCHOOLS IS O~mp~c Vlow C-7 21 I~nther Lake E-8 80 Decatur C-6 37 Ralnlee' ~ F-10 8t Federal Way E-5 41 Shewmod Fomet D-8 83 Thomas Jeffsmo~ G*4 2A Silva' Lake O-7 8 H&rW S. Truman F-6 2~ Star Lake G-3 8 Merit F-6 2g Sunnycm~t G-2 t3 Twin Lake~ B-~ 27 V&lhalla G-4 Futu~ School SIte~ 7 W~kJweg~ F-5 Surplu~ SIt~ -- t Woodmont F-3 100 Edu~aUoe~l ~e~vtce Center F-~ N Future S'-'~-~---~ Se~eee E~ B FEDE~L WAY, WASHINGTON a~ ~ou,° Code--- · N FEDEt L, WAY ~ E II-2 y. IO Junior High School Boundaries E H:D;RAL WAY SCHOOL DlSl'RICI No. 210 ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS 10 Adelaide C-6 64 Illahee E-9 16 B~igadoon B-8 66 Kilo G~ 26 Camelo{ G-$ 62 Lakote D-~ 22 EnterpHae D-$ 61 Sacajawea 14 Green Gable~ A-T ?0 Saghalle C-8 30 Lake Dolloff G-6 65 Totem G-3 11 Lake Grove D-6 8 Merit F-6 33 Lakeland F-9 2 Mark Twain FM 29 Meredith Hill H-5 SENIOR HIGH SCHOOLS 6 Mirror Lake E-6 5 Nautilua E-5 Code-- ~ 15 Olympic View C-T 21 Panther Lake E-8 80 Dec.~tur C-6 37 Rainier View F-10 81 Federal Way E-5 41 Sherwood Forest D-8 83 Thomas Jeffemon 24 Silver Lake D-? 8 Har~/S. Truman F-6 26 S~ar Lake G-3 8 Me~t F~6 25 Sunnycreet G-2 13 Twin Lake~ B-6 27 Valhalla G4 Future School Site~ -- ? Wildwood F-5 Surplus Sites -- I Woodmont F-3 100 Educational Service Center F-6 ~ Future Support Services $7 Matntenance~)perations-Tranaportation E-6 Park~ - ; F~-~RA£ WA~ WASHINGTON and VIC/NIT Federal Way Public Schools ,__~..,...~ (253) 945-2000 II-3 (, Senior High School Boundaries FEDERAL WAY SCHOOL DISTRICT No. 210 ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS ~'~*" · ¶0 Ade~k~ C-6 ~4 Ill. bee E-9 le ~ B~ ~ ~1o G~ 28, C~ G~ S2 ~ko~ ~ E~ ~9 61 h~= E~ t4 G~ ~ A-7 70 ~1~ C~ ~ ~ ~ G~ ~ T~ G~ ~ t ~ G~ ~ 8 ~ F~ 33 ~k~M F-6 2 ~ Tweln ~ ~ Hill H~ SENIOR HIGH ~H~ 5 N~I~ E~ C~-- ~ ts ~c ~ c-7 2~ Pl~ ~ke E~ K ~r C~ 37 ~r ~ F-~0 81 F~I W~y E~ 41 S~F~t ~ 83 ~18~ G~ 24 Si~ ~ 0-7 8 fli~ S. Truman F~ 2~ S~r ~ke G~ 8 ~ F~ 25 ~n~c~t G-2 t3 T~n ~k. 7 ~ F~ Su~u~ Sl~ -- : I W~m~ F~ Educ~on~l Se~lc~ Center F-~ Futura Support ~ E-8 Code-- · Melntenance~pemtlon~-Trarmpott~tlon E-6 FEDERAL WA~ WASHINGTON end N FEDERXb WAY ~ (253) 945-2000 II-4 SECTION III SUPPORT DOCUMENTATION FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION III - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast - 1999 through 2004 Capacity Summaries King County Impact Fees - Single and Multi Family Units III-1 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Building Program Capacity for each of the schools in the District. This Full Time Equivalent (FTE) capacity is based on: The number of classrooms available in each school Any special requirements at each school The contracted class load by grade level In general, the District's current standard provides that the average class size for a standard classroom for grade K is 24 students , for grade 1-6 is 26 students and grades 7-12 is 25 students. Gate (Gifted and Talented Education) classrooms are 25 students, individual education programs classrooms are 15 students, and special education classrooms are 12 students. This size is determined based upon current raties and trends as well as the classroom physical size. Educational Program Capacities change every year. This analysis is for the 1998/99 school year. The capacity of an individual school could and does change at any time depending on program changes which may require additional space. III-2 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING PROGRAM CAPACITY JUNIOR HIGH BUILDING PROGRAM CAPACITY Adelaide 488 Bri[~adoon 528 Camelot 374 Ente~rise 512 Green Gables 4o4 Lake Dolloff 482 Lake Grove 476 Lakeland 488 Mark Twain 503 Meredith Hill 498 Mirror Lake 398 Nautilus 542 Olympic View 450 Panther Lake 514 Rainier View 468 Sherwood Forest 550 Silver Lake 528 Star Lake 502 Sunnycrest 462 Twin Lakes 502 Valhalla 494 Wildwood 428 Woodmont 450 1998 TOTAL 11,131 [Elementary Average 484 Notes: Illahee 821 Kilo 854" Lakota 741 Sacajawea 828 Saghalie 768 Totem 709 1998 TOTAL 4,721 ]Junior High Average I 787 ~ SENIOR HIGH BUILDING PROGRAM CAPACITY Decatur 1,121 Federal Way 1,308 Thomas Jefferson 1,266 1998 TOTAL 3,695 ISenior High Average ] 1,232 I ALTERNATIVE SCHOOL BUILDING PROGRAM CAPACITY Merit School 1.6 Truman High School 194 1998 TOTAL 210 Elementary program capacities are based on the number of teaching stations in the building, contracted class size, and special use classrooms in place during the 98/99 school year. All available instructional space is calculated. Secondary program capacities are based on peak loading. The calculation is based on 25 students per available teaching stations. Capacities were calculated by the Study and Survey Committee. III-3 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students until permanent facilities can be built or boundary adjustments can be made. When permanent facilities become available, the portable(s) is either moved to another school for an interim classroom, or used for other purposes such as storage or child care programs. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. III-4 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED AT ELEMENTARY SCHOOLS ,";ON Adelaide 3 Bri~adoon 1 Camelot 1 Enterprise 2 Green Gables 1 Lake Dolloff 3 Lake Grove 2 Lakeland 1 Mark Twain 3 Meredith Hill 1 Mirror Lake 2 Nautilus 1 Olympic View 2 Panther Lake 3 Rainier View 2 Sherwood Fores: 3 Silver Lake 4 Star Lake 4 Sunnycrest 1 Twin Lakes 2 1 :Valhalla Wildwood 4 Woodmont 2 TOTAL 48 1 PORTABLES LOCATED AT SENIOR HIGHS NON :Decatur 4 Federal Way 1 Thomas Jefferson Truman/Merit 8 1 TOTAL I 13 1 PORTABLES LOCATED AT SUPPORT FACILITIES Science & Testin~ Ki 1 5-Mile Lake 1 MOT 1 Ciothinl] Bank 1 TOTAL 4 HEAD START PORTABLES AT DISTRICT SITES Mirror Lake 1 Sherwood Forest 1 Total 2 PORTABLES LOCATED AT JUNIOR HIGHS NON Illahee 3 Kilo 3 1 Lakota 3 Sacajawea 2 Sa~;halie 4 Totem 5 TOTAL 20 1 III-5 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the anal)'sis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. Federal Way Public Schools is using three distinct methods for projecting student enrollments. The resultant forecasted enrollments are evaluated · The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. · The second method uses enrollment-forecasting software tied to a geographic information system. MicroSAMTM software establishes survival, migrant and repeater rates for each grade level in a pre-defined geographic area. These rates are matched to the number of housing units per area. The rates are then used to project the following year's enrollment based on the number of planned new housing units. The software will project for five years. · The third method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment MasterTM software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. I11-6 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Short-term budget projections may be more conservative than the standard grade progression model. For the 1998/99 school year, the district chose the Enrollment MasterTM projection using a two- parameter method. This is the method suggested when a district is increasing or decreasing at a rate that is different than the standard grade progression model. Standard grade progression is a reasonably accurate method for the near term future when the near future looks much like the near past. Using six years of enrollment history inthe Federal Way District encompasses high growth years and zero growth years which fall outside the range of the standard progression model. This phenomenon is partially explained by the incorporation of the City of Federal Way and its affect on new housing starts in recent history. Long range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. Federal Way Public Schools' long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial management for the State of Washington. Growth Management requires jurisdictions to plan for a minimum of twenty years. Federal Way Public Schools is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district in the future. 111-7 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE CK Headcount = .5 FTE; Junior High FTE=.989 Hcadcount; Senior High F'YE = .932 Headcount Total K-12 School Year 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 P1999-00 P2000-OI P2001-02 P2002-05 New Configuration P2003-04 P2004-05 Elementary Junior High Senior High FTE 10,342 4,352 3,681 18,375 10,545 4,432 3,750 18,727 10,505 4,626 3,758 18,889 10,689 4,838 3,796 19,323 10,863 4,930 3,913 19,706 11,123 5,073 4,082 20,278 11,480 5,099 4,060 20,639 11,656 $,153 4,321 21,130 11, 799 .$,247 4,398 21,444 11, 796 5,498 4,4S0 21, 774 11, 795 5, 735 4,416 21, 946 Elementary K-$ Middle School 6-S High School 9-12 9,976 5, 703 6,539 22,21S 10,102 5,610 6, 780 22,492 Percent Chan~e 1.9% 0.9% 2.2% 1.9% 2.8% 1.7% 2.3% L$% 1.1% O. 8% 1.2% 1.2% 18,000 17,000 Enrollment History and Six Year Forecast i-,,~~.*;_ - ..... :__Y~--- -~ - - '~.~~~.~.~,,.~.. ,,, ~, ~ . ~,~ ~~ ...... ~ ~."' . ~ .: 'q~, School ~ear 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 0.0% .................. FTE ~ Percent of Change ] III-8 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN Capacity Summaries All Grades, Elementary, Junior High, and Senior High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the district to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, junior high, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. III-9 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ALL GRADES Actual -- Projected-- CAPACITY 1998 1999 2000 2001 2002 2003 2004 - BUILDING PROGRAM CAPACITY 19,757 19,757 19,731 19,811 20,235 ~ 21,009 22,333 Add or subtract changes to capacity Special Education Changes (26) (26) /.i (26)i?:.i Truman High modernization and expansion 106 ~ ~: n , New Middle School 800 New High School -~. ;ii!~50 Adjusted Program Capacity 19,757 19,731 19,811 20,235 21,009 22,333 22,333 ENROLLMENT Basic vIE Enrollment Interact Academy Enrollment Basic FTE Enrollment without Interact Academy SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 20,619 121,130 121,444 I21,774 [21,946 [ I22,218 [22,492 181 I 500 I 700 750 I 800 [ I 850 I 900 20,438 [ 20,630 [20,744 21,024 121,146 [ I 21,368 21,592 [ (681) I (899) [ (933) I (789) [ (137) [ I 965 { 741'[' RELOCATABLE CAPACITY Current Portable Capacity 2,025 2,025 2,175 2,175 2,175 2,175 2,175 Add/Subtract Portable Capacity Federal Way Public Academy 150 i Adjusted Portable Capacity 2,025 2,175 2,175 2,175 2,175 2,175 2,175 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 111-10 CAPSUMg8 HEADER. xlt 04/'29/99 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ELEMENTARY SCHOOLS Actual -- Projected-- CAPACITY 1998 1999 2000 2001 2002 :Z 2003 2004 BUILDING PROGRAM CAPACITY 11,131 11,131 11,131 11,105 11,079 ~ 11,053 11,027 1. Special Education Changes :::, (26) (26): .:.(26) ~ Adjusted Prograra Capacity 11,131 11,131 11,105 11,079 11,053 ~ 11,027 11,001 ENROLLMENT IBasic FTE Enrollment 2. Intcrnct Academy Basic FTE Enrollment without Internet Academy 11,480 111,656 111,799 I 11,796 111,795 I I 9,976 110,102 53 I1°° I125 I 125 I15° I I 15o I15° 11,427 111,556 111,674 I 11,671 111,645 I I 9,826 I 9,952 SURPLUS OR (UNHOUSED) PROGRAM CAPACITY (296) 1,201 RELOCATABLE CAPACITY 3. ~ Current Portable Capacity 1,200 1,200 1,200 1,200 1,200 1,200 1,200 Add/Subtract portable capacity : ~ Move to High School :: ~: ~ .~: ::: : (125),~ i i Adjusted Portable Capacity 1,200 1,200 1,200 1,200 1,200 1,200 1,075 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY NOTES: 904 2,401 1. Add Programs 3 ECEAP, I SBD(Severely Behavioral Disordered) and I Pre-School Program This reduces Basic Education capacity in the school years indicated. 2. Intemet Academy students are included in projections but do not require full time use of school facilities. 3. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. III-11 CAPSUMg,g HE. ADER. xlt 04~2.1/99 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - JUNIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 1998 1999 2000 2001 2002 2003 2004 BUILDING PROGRAM ~ CAPACITY 4,721 4,721 4,721 4,721 4,721 ~ 5,521 5,521 ex_ 1. Add New Middle School ~ ::800: ~ : Adjusted Program Capacity 4,721 4,721 4,721 4,721 5,521 5,521 5,521 ENROLLMENT Basic FTE Enrollment I 5,080 2. Intemet Academy 69 Basic FTE Enrollment without Intemet Academy 5,011 5,153 [ 5,247 I 5,498 I 5,735 I ] 5,703 15,610 I 200 1275 I 275 I275 I I175 [ 175 [ 4,953 ]4,972 I 5,223 I 5,460 I ] 5,528 ]5,435 I SURPLUS OR (UNHOUSED) PROGRAM CAPACITY (502) (7) RELOCATABLE CAPACITY 3. Current Portable Capacity Add/Subtract portable capacity 4. Federal Way Public Academy Adjusted Portable Capacity 500 500 650 650 650 I 65°'l I SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 210 148 NOTES: I. Add new middle school 2. Internet Academy students are included in projections but do not require full time use of school facilities. 3. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 4 Federal Way Public Academy will increase capacity at one junior high site. 643 736 I III-12 CAPSUMgS HEADER. xlt 04~J/99 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - SENIOR HIGH SCHOOLS Actual -- Projected-- CAPACITY 1998 1999 2000 2001 2002 2003 2004 BUILDING PROGRAM ~ CAPACITY 3,905 3,905 3,905 4,011 4,461 ~ 4,461 5,811 Add or subtract changes in capacity ~ 1. Trtunan Remodel ' 106 ~ ::.,i: ~::: :: i: 2. Add Capacity to Three High Schools ! '5 450 m 3. Add New High School ' : ~ : '~ 1,350 Adjusted Program Capacity 3,905 3,905 4,011 4,461 4,461 5,811 5,811 ENROLLMENT Basic FTE Enrollment 4. Intemet Academy Basic Ed without Intemet Academy 4,120 I 4,321 [ 4,398 I 4,480 14,416 [ I 6,539 ]6,780 [ 59 1200 1300 I 350 [ 375 I I 525 15751 4,061 14,121 14,098 I 4,130 14,041 I I 6,014 16,205 I SURPLUS OR (UNHOUSED) PROGRAM CAPACITY 056) 331 (203) (394) i RELOCATABLE CAPACITY 5. Current Portable Capacity 325 325 325 325 325 325 325 AddXSubtract portable capacity ~ I Add from Elementary 125:: Adjusted Porlable Capacity 325 325 325 325 325 325 450 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 122 NOTES: 1. Truman High School modernization and expansion 2. Add capacity to three existing high schools 3. Add new high school 4. lnternet Academy students are included in projections but do not require full time use of school facilities. 5. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 111-13 CAPSUMg,~ ttEADER, xl.s 04~6/99 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 2lA and was also substanially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single family units and multi-family units. The factors used in the 1998/99 Capital Facilities Plan were derived using actual generation factors from single family units and multi-family units, which were constructed in the last five- (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 2lA and the Growth Management Act. Single Family Units Multi-Family Units [$2,384.] III-14 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN IMPACT FEE ~.00 $0 ~84 0.4080 0.0615 $0 $0 ................ ~9:..0~-- ...... ~2...0(.~-. .................... 2§2 .................. ~:~ .............. ~:~ $199 $43 40.00 $80,000 1,232 0.1146 0.0410 $298 $106 TOTAL $496 $150 School Site Acquisition Cost: Student Student Facility Cost / Facility Factor Factor Cost/ Cost/ Acrea[~e Acre Capacity SFR IVIFR SIR IvWR Elementary Jr High Sr High Elementary .Ir High Sr High School Construction Cost: Student Student % Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR. SFR MFR 96.'95% $0 ~84 0.4080 0.0615 $0 $0 ............ .~.6.,.2,?/2 .,~,!!:,,.000,.:.009. ................... !,8.! ................... ..0.:.!.?_62 ................. ..0.:.0..L4..2' 53,273 5716 96.95% $50,000,000 1,232 0.1146 0.0410 $4,509 $1,613 TOTAL $7,782 $2,329 Temporary Facility Cost: Elementary Jr High Sr High Smdent Student % Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR 3.05% $55,361 25 0.1146 0.0410 $8 $3 TOTAL $46 $9 State Matching Credit Calculation: Elementary Jr High New Sr High Student Student Boeck Cost/ Sq. Ft. State Factor Factor Cost/ Cost/ Sq Ft Student Match SFR MFR SFR MFR ............ ..,22:..6.~ ........................ !.,!2. .......... ..6..o.:..6...2..o5 .................... .o..:.L~.6.2 ................ ,o.:.o..~.4...2. ! s 1.o58 8231 $99.68 120 60.52% 0.1146 0.0363 $830 $263 Total $1,887 $494 Tax Payment Credit Calculation Average Assessed Value (April 98) Capital Bond Interest Rate (March 99) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream SFR MFR 5.11% 5.11% ..,S.!. d..7..?.:.8...6..9.. ........ S.,2.7. 2.:5..7.~ ...... 10 10 $1.42 $1.42 $1,670 $387 Mitigation Fee Summary Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit Sub-Total 50% Local Share [llmpact Fee Single Family Multi-Family Residences Residences $496 $150 $7,782 $2,329 $46 $9 ($1,887) ($494) ($1,670) ($387) $4,767 $1,607 $2,384 $8O4 $2,384 $804 II 04~ 9:49 AM IlI-16 SECTION IV SUMMARY OF CHANGES FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION IV SUMMARY OF CHANGES FROM THE 1998/99 CAPITAL FACILITIES PLAN The 1998/99 Capital Facilities Plan is an updated document, based on the 1997/98 Capital Facilities Plan. The changes between the 1997/98 Plan and the 1998/99 Plan are listed. SECTION I - THE CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES Leased Space is added to the inventory CURRENT INVENTORY OF NON-INSTRUCTIONAL FACILITES Developed Property Leased space is added to the inventory Undeveloped Property Site 98 is sold Site 9 is pending sale. NEEDS FORECAST - EXISTING FACILITIES Expansion of Decatur High School, Federal Way High School and Thomas Jefferson High School is added. Parking Safety, Network Upgrades, Automated Libraries, Elementary Playgrounds, High School Sports Fields, and Emergency Communications are added NEEDS FORECAST - NEW FACILITIES New Elementary site and New Elementary School are removed. New High School site, New High School and New Middle School are added. The Six Year Finance has been rolled forward to reflect 1998/2004 IV-1 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN SECTION Ill - SUPPORT DOCUMENTATION CAPACITY Changes to building program capacity between the 1997/98 Capital Facilities Plan and the 1998/99 Capital Facilities Plan can be found on page Ill-3. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page III-5 STUDENT FORECAST The Student Forecast now covers 1998 through 2004. The new forecast reflects an increase in student population at a decreasing rate observed in the District. The student forecast can be found on page Ill-8 CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings ar~ shown as increases to capacity. IMPACT FEE CALCULATION - KING COUNTY CODE 2lA The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 1997/98 Capital Facilities Plan and the 1998/99 Capital Facilities Plan can be found on page IV-3. IV-2 FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 1997/98 TO 1998/99 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 1997/98 Capital Facilities Plan and the 1997/98 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments. IMPACT FEE Item Percent of Permanent Facilities Percent Temporary Facilities Temporary Facility Cost Boeck Cost/Sq. Ft State Match Average Assessed Value Capital Bond Interest Rate Property Tax Levy Rate From/To Comment 97.34 % to 96.95% 2.66% to 3.05% $62,368 to $55,361 $97.23 to $99.68 59.89% to 60.62% SFR- $143,979 to $153,095. MFR - $34,64 To $35,488. 5.19% to 5.11% $1.47to $1.42 Report #3 OSPI Updated portable inventory Updated cost of most recently purchased portable (Adelaide Elementary) Change per SPI Change per SPI Per Puget Sound Educational Service District (ESD 121) Market Rate Per King County IV-3 Mission Federal Way Public Schools is obligated to ensure all students develop academic skills and responsible behaviors to be successful contributing members of society. Vision Every student will possess a world-class set of skills to become a successful participant in society. FEDERAL WAY PUBLIC SCHOOLS 31405 18th Ave S Federal Way WA 98003-5433 (253) 945-2000 FEDERAL, Every Student... World-Class Skills This document is published by the Business Services Department of Federal Way Public Schools. April 1999 For more information please call: (253) 945-2041 Jody Putman, Director of Business MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed 2000-2005 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) CATEGORY: .~_CONSENT ORDINANCE BUSINESS ~HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated May 11, 1999, submitted to the May 17, 1999 meeting of the Land Use and Transportation Committee; Resolution to Adopt the TIP; Project Location Map SUMMARY/BACKGROUND: The attached memorandum details the proposed 2000 - 2005 TIP and ASIP, which does not differ significantly from the previous year's plans, with the exception of six new projects that have been added to the 6-year TIP and ASIP based on concurrency needs: · So 312th Street at 8th Avenue S; signalization and addition of right-turn lanes on 8th Avenue So · So 320th Street from 8th Avenue So to SR 99; addition of HOV lanes · So 348th Street at 1st Avenue So; addition of second southbound left-turn lane and westbound and southbound right-turn lanes · So 312th Street at 28th Avenue So; addition of southbound right-turn lane · So 336th Street at 9th Avenue So; signal modifications. · So 336th Street at 1st Avenue So; signal modifications. In addition, two non-motorized projects have been added to improve pedestrian safety: · 1st Avenue So from So 356th Street to So 361st Place; shoulder improvement · So 314th Street from 20th Avenue So to 23rd Avenue So; sidewalk improvement CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 17 meeting, the Land Use and Transportation Committee recommended approval of the attached Resolution adopting the 2000 - 2005 Transportation Plan at the public hearing to be held June 1, 1999. CITY MANAGER RECOMMENDATION: ~'t~vt- ]'~":'!~' O,.,L-:~.,~,~.; I ': ..... ' ..... ~% - ....................................................................................................................................................................................................... ............... ~ ..... ~ ........... :I ....... t5 ........... APPROVED fOR INCL~8ION (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\TIP-ASIP.WPD COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ DA TE: May 1 I, 1999 TO: FROM: SUBJECT: Phil Watkins, Chair Land Use/Transportation Committee Rick Perez, Traffic Engineer Proposed 2000-2005 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans which is proposed for the June 1, 1999 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. REVISED PLANS Attached for your review and comment are the proposed 2000 - 2005 TIP and ASIP. The 6-year TIP and ASIP respond to Growth Management Act concurrency requirements. The proposed plans do not significantly differ from the previous year's plans. However, six new projects have been added to the 6-year TIP and ASIP based on concurrency needs: S 312th Street at 8th Avenue S signalization and addition of right-turn lanes on 8th Avenue S. 8th Avenue S has reached capacity at this intersection and meets signal warrants, and was listed on the 20-year CIP in 1998's Comprehensive Plan amendment. S 320~ Street from 8~ Avenue S to SR 99 addition of HOV lanes. This section of S 320th Street has reached capacity in the morning peak and will reach capacity in the evening peak by 2005. This project was listed on the 20-year CIP in 1998's Comprehensive Plan amendment. S 348~h Street at 1s~ Avenue S addition of a second left-turn lane southbound, and westbound and southbound right-turn lanes. This intersection has reached capacity and was listed on the 20-year CIP in 1998's Comprehensive Plan amendment. S 312~h Street at 28th Avenue S addition of a southbound right-turn lane. The southbound approach at this all-way stop intersection has reached capacity, but does not currently meet signal warrants. S 336~h Street at 9~h Avenue S signal modifications. This intersection will reach capacity by 2005. This project would convert the protected left-turn phases to protected/permitted left-turn phasing and allow left-tuns from the southbound through lane. S 336'h Street at 1st Avenue S signal modifications. This intersection will reach capacity by 2005. This project would convert the protected left-tun phases to protected/permitted and extend the southbound left-mm lane to reduce the potential for rear-end accidents. In addition, two non-motorized projects have been added to improve pedestrian safety: 1~ Avenue S from S 356th Street to S 361s' Place shoulder improvement. This project would provide a shoulder walkway on the west side of 1s~ Avenue S to Illahee Junior High School. S 3140' Street from 20~h Avenue S to 23rd Avenue S sidewalk improvement. This project would install ADA-compliant curb ramps on the existing sidewalk on the south side of S 314~h Street and install new sidewalk on the north side of S 314~h Street through Hillside Plaza. RECOMMENDATION Recommend approval of the attached resolution adopting the Improvement Plan at the public hearing to be held June 1, 1999. RAP:Ah Attachments K:\LUTC\ 1999\2KTIP.Wpd 2000-2005 Transportation _. : RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AN EXTENDED AND REVISED TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN FOR 2000-2005, AND DIRECTING THE SAME TO BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. (AMENDS RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236, 97-258 and 98-273). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated its Transportation Improvement Program ("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No., 97-258); and WHEREAS, the Federal Way City council further updated its Transportation RES # , PAGE 1 Improvement Program on July 7, 1998 (Resolution No., 98-273); and WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the proposed annual update to the Transportation Improvement Program on June 1, 1999, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Nonsignificance("DNS") in SEP 97-0030 issued for the City's Comprehensive Plan amendments adopted in December, 1998, which amendments contained essentially the same Transportation Improvement Program adopted herein; WHEREAS, adoption of the ComprehensivePlan DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Program and Arterial Street Improvement Plan adopted herein; RES # , PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2000-2005 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RES # ., PAGE 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of ,1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:Xreso\99-05.res. RES # , PAGE 4 Tkachuk Abatement Information will be available at a later date prior to the Council Meeting MEETING DATE: June 1,1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT X... ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Proposed Ordinance Granting the Tacoma Public Utilities a Nonexclusive Franchise for Water Distribution and Transmission within Federal Way. SUMMARY/BACKGROUND: The City of Tacoma, Department of Public Utilities, Water Division, proposed constructing the Second Supply Project to provide municipal water to the City of Tacoma, South King County, and the City of Federal Way. The Project is approximately 33 miles long, sized to transmit water for which Tacoma has established water rights, extending westward from the headworks of the Green River, near the City of Enumclaw and Howard Hanson Dam, through the cities of Black Diamond, Auburn and Federal Way, terminating at the Portland Avenue Reservoir in Tacoma. Federal Way is responsible for the permitting and approval of the Second Supply Project. Federal Way, in consultation with Tacoma, developed a Comprehensive Mitigation Plan, which includes detailed construction mitigation requirements for the Project. The Comprehensive Mitigation Plan satisfies the SEPA requirements. On April 4, 1995, The Federal Way City Council, at its regular meeting, approved the Comprehensive Mitigation Plan. Section II(7)(h) requires Tacoma to enter into a franchise with Federal Way before the issuance of any construction permits. Early this year Tacoma bid and awarded the contract for the phase of the construction of the Project within Federal Way. It is anticipated that the contractor will commence work in early July, 1999, provided that the franchise is authorized by Federal Way City Council and accepted by Tacoma. The franchise has a term of (10) years; a delineation of the specific areas for the water services, which includes the BPA corridor as set forth in Exhibit A; a standard of performance for work performed; and an indemnification provision and insurance provision.. The terms are basically consistent with other franchises that the City Council has authorized. CITY COUNCIL COMMITTEE RECOMMENDATION: On May 25, 1999, the FEDRAC Committee moved to submit the proposed franchise, as amended (underline and strikeout indicate amendments) to full ......................................................................................................................................................................................... .................... CITY MANAGER RECOMMENDATION: Approve the proposed franchise with the City of Tacoma, Department of Public Utilities, Water Division. ................................................... !, ....... ',~L........LL'.~...:~.! ............................................................................................................... ...................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREDfNO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\agenditem\tacwat CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: May 25, 1999 Finance, Economic Development and Regional Affairs Committee Ken Miller, Deputy Director of Public Works Pat Richardson, Assistant City Attorney ~'-- Franchise with the City of Tacoma Department of Public Utilities, Water Division Background: Te City of Tacoma, Department of Public Utilities, Water Division, proposed constructing the Second Supply Project to provide municipal water to the City of Tacoma, South King County, and the City of Federal Way. The Project is approximately 33 miles long, sized to transmit water for which Tacoma has established water rights, extending westward from the headworks of the Green River, near the City of Enumclaw and Howard Hanson Dam, through the cities of Black Diamond, Auburn and Federal Way, terminating at the Portland Avenue Reservoir in Tacoma. Federal Way is responsible for the permitting and approval of the Second Supply Project. Federal Way, in consultation with Tacoma, developed a Comprehensive Mitigation Plan, which includes detailed construction mitigation requirements for the Project. The Comprehensive MitigationPlan satisfies the SEPA requirements. On April 4, 1995, the Federal Way City Council, at its regular meeting, approved the Comprehensive Mitigation Plan. Section II(7)(h) requires Tacoma to enter into a franchise with Federal Way before the issuance of any construction permits. . Early this year Tacoma bid and awarded the contract for the phase of the construction of the Project within Federal Way. It is anticipated that the contractor will commence work in early July, 1999, provided that the franchise is authorized by Federal Way City Council and accepted by Tacoma. The franchise has a term often (10) years; a delineation of the specific areas for the water services, which includes the BPA corridor; a standard of performance for work performed; and an indemnification provision and insurance provision. The terms are basically consistent with other franchises that the City Council has authorized. The Law Department has reviewed and approved the franchise. Committee Recommendation: Approv~ proposed franchise with the City of Tacoma, Department of Public Utilities, Water Division and forward to the full City Council meeting on June I, 1999, for first reading. APPROVAL BY COMMITTEE: Com~ittee~?hair mittee Member ORDINANCE NO. 99- DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES , WATER DIVISION, A MUNICIPAL CORPORATION AND PUBLIC UTILITY SELLING AND DISTRIBUTING WATER WITHIN KING COUNTY, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION AND TRANSMISSION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify the rights and duties of the water utility through a franchise; and WHEREAS, in exercising said authority pursuant to RCW 35A.47.040 relating to franchises and permits, the City of Federal Way reserves such other powers and authorities held by Washington code cities; now therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. ORD#99- ,PAGE1 Rev. 5/18/99 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means water pipes, and mains and appurtenances and accessories necessary for the transmission and distribution of water within the City of Federal Way. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, highways, and the BPA corridor of the City as set forth in Exhibit A. The Franchisee shall place Facilities on the right-of-way in the Franchise Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the City. 1.7 "Franchisee" means Tacoma Public Utilities, a municipal corporation, and public utility, and its respective successors and assigns. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this Franchise, the right, privilege, authority and franchise to: (a) Lay, construct, extend, repair, renew, and replace Facilities in the Franchise Area; and (b) To charge and collect tolls, rates and compensation for such water service and such uses. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. ORD # 99- , PAGE 2 Rev. 5/18/99 Section 3. Non-Franchise Area City_ Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to the terms of this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. The location of existing water pipes, laterals, and appurtenances, their depths below surface of ground or grade of a right-of-way (if available), shall be submitted to the City in the form of a map(s) showing the approximate location of Franchisee's existing water system within the Franchise Area. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. ORD # 99- , PAGE 3 Rev. 5/18/99 5.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and employs, Geographic Information System ("GIS") technology for its water utility maps and records throughout its service area and has such information available in digital GIS format for its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.5 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 5.2 of this Franchise. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area: (1) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws of the State of Washington and City ordinances, regulations resolutions and rules, and (3) as required by the Director. ORD # 99- , PAGE 4 Rev. 5/18/99 Section 7. Requirement to Obtain Permits Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the mains, laterals, and extensions to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The level of detail for water services and hydrant laterals shall be commensurate with the complexity of the work to be performed. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on the right-of-way use permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the right-of-way permit. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any ORD # 99- , PAGE 5 Rev. 5/18/99 individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as such permit is obtained by Franchisee as soon as practicable thereafter. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and permit requirements. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the workday in which they have been opened. Trench areas within the right-of- way, but not in a driving lane must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any ~ asphalt overlay in the Franchise area within five (5) years of the date of a permit application, shall not be open cut by the Franchisee unless in an emergency. Streets that are open cut will require asphalt overlay for approximately one (1) blocks in length or as determined by the Director. Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or amended, and shall comply with the terms of this Franchise, whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any water main installation of Franchisee's Facilities within the Franchise Area, the "as-built" location of the Facilities shall be within two (2) feet of the location of the Facilities shown in the plans submitted by Franchisee to the City's Public Works Department or closer if required by State law. Nothing herein is intended to relieve the ORD # 99- , PAGE 6 Rev. 5/18/99 parties of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markinl~s/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this franchise. The method referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 10 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 11. Notification to fire district If it is necessary to shut down or diminish the water pressure so that fire hydrants may be affected, the Franchisee shall notify the appropriate fire district by telephone followed by faxed transmittal or written notification, that water pressure or fire flow conditions have been affected. In case of a planned shutdown or diminished water flow, at least forty-eight (48) hour prior ORD#99- ,PAGE7 Rev. 5/18/99 notification to the fire district is required. If more than one fire hydrant is affected, Franchisee must provide a map of the affected area to the appropriate fire district. Section 12. Right of City to Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee's system of water pipe, laterals and appurtenances granted under this franchise shall not preclude the City, its accredited agents or its contractors from doing necessary maintenance work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting or excavating in order that Franchisee may protect its lines or pipe or property. Section 13. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee's obligation to remove Facilities pursuant to Section 14 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However, the City shall not have any plumbing work accomplished by any person or entity other than Franchisee or a qualified and licensed plumbing contractor. Section 14. Notice to Franchisee of Work by CiW 14.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy ORD # 99- , PAGE 8 Rev. 5/18/99 the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area. 14.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's Facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications for such City work so that Franchisee may relocate its Facilities to accommodate such City work. 14.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the Facilities pursuant to Subsection 14.2(a) and receipt of the plans and specifications pursuant to Subsection 14.2(b), Franchisee shall, within thirty (30) days of notification, or such time as approved by the Director, raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to conform to such new grades as may be established, and place the pipe in a location or position causing the least interference with the improvement, repair, or ORD # 99- , PAGE 9 Rev. 5/18/99 alteration contemplated by the City. If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the pipe or pipes located in the improved subgrade of the improvement with pipe or pipes conforming to the specifications for the improvement of the right-of-way. 14.4 Exclusivity. This Section 14 shall govern all relocations of Franchisee's Facilities required in accordance with this Franchise. Nothing in this Section 14 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City. Section 15. Damage Repair In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of- way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of- way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 13 of this Agreement. Section 16. Default 16.1 Notice of Default. If Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. ORD # 99- , PAGE 10 Rev. 5/18/99 16.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by ordinance, declare an immediate forfeiture of this Franchise. Section 17. Limited Ri~,hts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 18. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 19. Vacation If at any time the City, by ordinance, vacates all or any portion of public streets, roads and/or rights-of-way within the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City agrees to exert reasonable good daith efforts to reserve an easement for Franchisee's lines and Facilities when a street, public way, or area is vacated. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 20. Compliance with Laws Franchisee shall comply with all applicable federal, state and City laws, ordinances, resolutions, regulations, standards and procedures, as now existing or hereafter amended or ORD#99- ,PAGEll Rev. 5/18/99 adopted, including without limitation the State Environmental Protection Act, the Federal Occupational Safety and Health Act of 1970 (OSHA), and the Washington Safety and Health Act of 1973 (WISHA); provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Section 21. Guarantee Franchisee shall guarantee work completed by the Franchisee under this franchise for a period of twenty (20) years against settlement or repair. Section 22. Charge for Administrative Costs Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 23. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, panners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, ORD # 99- , PAGE 12 Rev. 5/18/99 however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to this Section 23, the City shall promptly notify Franchisee thereof, and Franchisee shall use attorneys selected by the City. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the Maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 24. Insurance 24.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than,.,vvv,v~,~.e' ntm ,~nn $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and ORD # 99- , PAGE 13 Rev. 5/I 8/99 (c) Automobile liability insurance with combined single limits of liability not less than,..,vvv,vvv'e'~ nnn tmn $5,000,000 for bodily injury, including personal injury or death and property damage. 24.2 Mandatory_ Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 24.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverage required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. 24.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee may self-insure against such risks in such amounts as are consistent with good utility ORD # 99- , PAGE 14 Rev. 5/18/99 practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in compliance with this Section. Section 25. Franchise Fees If, during the term of the Franchise, the Washington State Legislature authorizes the City to impose a franchise fee or other charge upon the sale of water, the City shall have the right, at its discretion, to impose such a fee or charge within the legal limits prescribed by the authorizing legislation. Section 26. General Provisions 26.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 26.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 26.3 Assignment. Franchisee shall not have the fight to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the fight, without such notice or such written contest, to mortgage its fights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. ORD # 99- , PAGE 15 Rev. 5/18/99 26.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or the collection of any monies due, or to become due hereunder, in the hands of an attomey, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attomeys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 26.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the fight to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's fight to declare another breach or default. 26.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 26.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 26.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Tacoma Public Utilities P.O. Box 11007 Tacoma, WA 98411-0007 City: City of Federal Way Attn: City Attorney 33530 1st Way South Federal Way, WA 98003-6210 ORD # 99- , PAGE 16 Rev. 5/18/99 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 26.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 26.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 27. Severabili~ If any section, sentence, cla~sse, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 28. Ratification Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 29. Effective Date This Ordinance shall take effect and be in full force five (5) days after its passage, approval and publication, according to law. ORD # 99- , PAGE 17 Rev. 5/18/99 PASSED by ,1999. the City Council of the City of Federal Way this day of CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: K :\ORDINSTAC WATER.FRN ORD # 99- , PAGE 18 Rev. 5/18/99 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. Dated this __ day of ., 1999. TACOMA PUBLIC UTILITIES By: Its: ORD # 99- , PAGE 19 Rev. 5/18/99 EXHIBIT A Legal Description for Tacoma Water's service area in the City of Federal Way Beginning at the intersection of the Government meander line of Puget Sound and the King-Pierce County line in Section 10, Township 21 North, Range 3 East, W.M. thence easterly along the meander line of Puget Sound to the north-south centerline of Section 1, thence southerly along the centerline of Section 1 to the north line of Section 12, thence westerly to the centerline of 28th Avenue SW, thence southeasterly along 28t~ Avenue SW to a point approximately 450 feet north of the east-west centerline of the NWl/4 of Section 12, thence westerly along a line parallel with said east-west centerline to the centerline of SW Dash Point Road, thence southeasterly along Dash Point Road to said east-west centerline, thence westerly along said east-west centerline to the west line of Section 12, thence southerly along the west line of Sections 12, 13, and 24 to a point 825 feet south of the north line of Section 24, thence easterly 1470 feet parallel to said north line, thence southerly parallel to the west line of Section 24 to the King-Pierce County line, thence northwesterly along the county line to the point of beginning all being in Township 21 North, Range 3 East, W.M. Legal Description for the Second Supply Project The southerly and easterly 80 feet of the Bonneville Power Administration (BPA) right-of-way and the adjoining 20 feet along the BPA right-of-way from 1st Way South to the Federal Way/Pierce County boundary. 9 .I. OIl:lJ.91a AJlII.LN N:IA MEETING DATE: June 1, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance - 1999/2000 Capital Facility Plan Budget Adjustment CATEGORY: 1999 BUDGET IMPACT: 2000 BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance and budget adjustment exhibits A & B. SUMMARY/BACKGROUND: This is a first reading o.fthe 1999/2000 budget as a result of the May 18, 1999 Capital Facility Plan discussion. CITY COUNCIL COMMITTEE RECOMMENDATION: This matter went to a Special City Council Session on May 18, 1999. Accordingly there is no Council Committee recommendation. CITY MANAGER RECOMMENDATION: Forward the ordinance to second reading on June 15, 1999 for adoption of the Capital Facility Plan Budget. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY 199912000 CAPITAL FACILITY PLAN BUDGET ADJUSTMENT JUNE, 1999 General Fund - Undesignated Fund Balance Excess Real Estate Excise Tax State Grant $ 1,111,648 $ $ 1,111,648 670,000 670,000 413,000 413,000 TOTAL SOURCES $ 1,781,648, $ 413,0001:$ .2,194i648 1999: General Fund Municipal Court Startup Costs City Facilities ClP Downtown Revitalization Parks ClP Sacajawea Sports Field Wedgewood Park Street CIP SR 99: S 312th St - S 324th HOV Lanes 2000: City Facilities CIP Downtown Revitalization $ 300,000 $ $ 300,000 604,648 604,648 165,000 785,000 950,000 50,000 50,000 1,000,000 7,190,413 8,190,413 75,000 75,000 TOTAL ALLOCATIONS $ 2,194,648 $ 7,975,413 $ 10,170,061 5/27/99 11:47 AM 99cipadj sum99 I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-325 AND 99-338). WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the allocation of the undesignated fund balance from budget year 1998 ($1,111,648), the excess real estate excise tax collected in 1998 ($670,000), and the state grant received by the City ($413,000); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 99-338, Section 1, is hereby amended to adopt the revised budget for the years 1999-00 biennium as follows: Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A & B ("1999 and 2000 Revised Budgets"). Section 2. Severabilit¥. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, se'ntence, paragraph, sub.division, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD. # , PAGE 1 Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ., 1999. CITY OF FEDERAL WAY Effective Date. This ordinance shall take effect and be in force thirty (30) day of ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\~n\biennial\ordinanc\9900cipord.doc ORD. # ., PAGE 2 LU