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RES 98-22 AMENDING THE SCHOOL IMPACT FEE IN SECTIONS OF PRIOR RESOLUTIONSRESOLUTION No. 98 - 22 A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON AMENDING THE SCHOOL IMPACT FEE SECTION OF RESOLUTIONS 92-39, 95-27, 96-21,97-13 AND THE FEE SCHEDULE OF THE CITY. WHEREAS, the City has determined by ordinance that various fees and charges shall be in the amounts established by resolution; and WHEREAS, The charging of school impact fees was established by Ordinances 91-51, 92-01, and 93-05 and Resolution 92-39 and amended by Resolutions 95-37, 96- 21, and 97-13; and WHEREAS, BIMC 15.28.100 provides for an annual review of the amounts to be be charged as fees for the development impact on public school facilities (school impact fees) and that review determined that the amounts of those fees presently being charged was not in agreement with the formula specifying the amount of the fees to be collected; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. The section labeled "0900-SCHOOL IMPACT FEE" of the Fee Schedule of the City of Bainbridge Island shall be amended to read as follows: Per Single Family Dwelling Unit: Per Multifamily Uni~: $3,090.00 $800.00 SECTION 2. This resolution shall be effective on and after June 1, 1998. PASSED by the City Council this 7th day of May, 1998. APPROVED by the Mayor this 8th day of May, 1998. DW,,,:G!..~SUT~.O-,, ATTEST/AUTHENTICATE: APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: POSTED: EFFECTIVE DATE: RESOLUTION No. 98 - 22 April 22, 1998 May 7, 1998 June 1, 1998 TREND OF IMPACT FEES & CALCULATIONS CALCULATION SINGLE FAMILY RESIDENCE 1992 $2 1993 2 1994 2 1995 2 1996 3 1997 3 1998 3 RECOMMENDED FEE 246.00 n/a 442.00 2,240.00 635.00 2,440.00 854.00 2,540.00 064.00 2,800.00 265.00 3,030.00 153. O0 3,090. O0 ACTUAL FEE $2,240.00 2,240.00 2,240.00 2,540.00 2,800.00 3 030.00 ???? · · o · MULTI-FAMILY RESIDENTIAL UNIT 1992 $689.00 n/a $700.00 1993 692. O0 700. O0 700. O0 1994 660.00 680.00 700.00 1995 741.00 720.00 720.00 1996 807. O0 760. O0 760. O0 1997 894.00 820.00 820.00 1998 780.00 800.00 ? ? ? ? BIMC 15.28.060 specifies a formula for the calculation of school impact fees. BIMC 15.28.100 requires the City's Finance Director and the School District's Business Mana- ger to update the calculation each March (using the formula specified in BIMC 15.28.060) and forward a recommended revision to the fees "within 45 days" to the City Council (the Code does not, however, require the City Council to accept the recommendation). During 1993 and 1994, the fees were recalculated according to the formula as required, but the City Council declined to adjust the amounts. As a result, a significant difference grew between the amount of the fees being charged and the formula specified in the Code. In 1995, a transition was agreed upon by the City Council in which the average of the current year's fee and the amount calculated by the formula was to be used as the next year's fee (providing a moving average for the fee). As part of that compromise, the Council agreed that it would consistently apply the moving average fee in the future (rather than risk a legal challenge resulting from the fee becoming significantly different from the cal- culation formula required by our Code). 22-Apr-98