HomeMy WebLinkAbout2016-02 RESOLUTION NO. 2016-02
A RESOLUTION OF THE AUBURN TRANSPORTATION
BENEFIT DISTRICT APPROVING AN INTERLOCAL
AGREEMENT WITH THE CITY OF AUBURN TO
COORDINATE INDIVIDUAL, JOINT AND MUTUAL RIGHTS
AND OBLIGATIONS PERTAINING TO THE OPERATION,
MAINTENANCE, CONSTRUCTION AND
RECONSTRUCTION OF PUBLIC TRANSPORTATION
INFRASTRUCTURE WITHIN THE BOUNDARIES OF THE
AUBURN TRANSPORTATION BENEFIT DISTRICT AND
THE CITY OF AUBURN
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling cooperation
on the basis of mutual advantage; and
WHEREAS, the City of Auburn is empowered to operate, maintain, construct, and
reconstruct, public transportation infrastructure within its city limits in accordance with the
powers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pursuant to Ordinance No. 6377, the City of Auburn established the
Auburn Transportation Benefit District on September 19, 2011 and authorized funding for
any purpose allowed by law including to operate the District and to make transportation
improvements consistent with existing state, regional, and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter
36.73 RCW; and
WHEREAS, pursuant to Resolution No. 2016-01 passed by the Auburn
Transportation Benefit District on December 13, 2016, there is a $20.00 vehicle license
fee established within the boundaries of the Auburn Transportation Benefit District; and
WHEREAS, the Auburn Transportation Benefit District and the City of Auburn
desire to better coordinate their efforts in order to pursue their individual, joint and mutual
rights and obligations to fulfill the intent of Ordinance No. 6377; and
WHEREAS, the Board of the Auburn Transportation Benefit District finds it to be
in the best interest of the District to enter into an interlocal agreement pursuant to Chapter
39.34 RCW (Interlocal Cooperation Act) for the purpose of coordinating individual, joint
and mutual rights and obligations pertaining to the operation, maintenance, construction
Resolution No. 2016-02
December 13, 2016
Page 1
and reconstruction of public infrastructure within the boundaries of the Auburn
Transportation Benefit District and the City of Auburn.
NOW, THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION
BENEFIT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section. 1. The Board Chairperson is authorized to execute an Interlocal
Agreement in substantial conformity with Exhibit "A" attached herein with the City of
Auburn for the purpose of coordinating individual, joint and mutual rights and
obligations pertaining to the operation, maintenance, construction and reconstruction
of public infrastructure within the boundaries of the Auburn Transportation Benefit
District and the City of Auburn.
Section 2. The Board Chairperson is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
SIGNED and DATED this /3 - day of A , 2016
AUBURN TRANSPORTATION BENEFIT DISTRICT
K.4 NANCY B , Chairperson
Resolution No. 2016-02
December 13, 2016
Page 2
ATTEST:
/044(ClZkia-14 _
Danielle E. Daskam, Clerk of the District
APPROVED AS TO FORM:
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Daniel B. Heid, District Legal oun I
Resolution No. 2016-02
December 13, 2016
Page 3
EXHIBIT "A"
AN INTERLOCAL AGREEMENT BETWEEN
CITY OF AUBURN, WASHINGTON, AND
THE AUBURN TRANSPORTATION BENEFIT DISTRICT
This agreement between the City of Auburn, Washington ("AUBURN"), and the Auburn
Transportation Benefit District ("TBD"), each of whom is organized as a Municipal
Corporation under the laws of the State of Washington, is dated this_day of
2O1_.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to
cooperation the basis of mutual advantage; and
WHEREAS, AUBURN is empowered to operate, maintain, construct, and
reconstruct, public street infrastructure within its city limits in accordance with the powers
granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pursuant to Ordinance No. 6377, AUBURN established the TBD and
authorized funding for any purpose allowed by law including to operate the District and to
make transportation improvements consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion
levels pursuant to Chapter 36.73 RCW; and
WHEREAS, pursuant to Resolution No. 2016-01, the TBD has authorized a $20.00
vehicle license fee; and
WHEREAS, AUBURN and the TBD desire to better coordinate their efforts in order
to pursue their individual, joint and mutual rights and obligations to fulfill the intent of
Ordinance No. 6377.
Page 1 of 6
NOW, THEREFORE, the parties have entered into this agreement in consideration
of the mutual benefits to be derived and to coordinate their efforts through the structure
provided by the Interlocal Cooperation Act.
1. Purpose_ and Interpretation. AUBURN is empowered by Chapter 35A RCW to
construct, reconstruct, maintain and preserve City streets and other related public
infrastructure either by contract or through the use of City forces. The TBD has been
constituted in accordance with state law to provide a source of funding for transportation
improvements within the City limits of AUBURN. The TBD has no employees and its
officers are either City Council Members serving in an ex officio capacity or are City
employees designated to serve under the provisions of state law. In order to make the
most efficient use of public monies, to avoid duplication of effort and to coordinate their
efforts, the parties have entered into this agreement. In the event of ambiguity or the need
for guidance arises, this agreement shall be interpreted in accordance with Chapter 36.73
RCW, the Charter of the TBD and the provisions of the Governmental Accounting Act and
RCW 43.09.210 as the same exists or shall hereafter be amended. In the event that any
provision of this agreement is held to be in conflict with existing state statute or any future
amendment thereof, such provisions shall be severable, and the remaining provisions of
this agreement shall remain in full force and effect.
2. Obligations of the_ TBD. In accordance with the requirements of Chapter 36.73
RCW, Ordinance No. 6377 and the Charter of the Auburn Transportation Benefit District,
the TBD agrees to:
2.1 Provide to AUBURN all funding received from any and all lawful sources
which the TBD in its sole discretion may levy for the purpose of completing the
TBD's authorized projects.
2.2 Continue the annual provision of funding for the projects approved by the
TBD, so long as the TBD remains in existence. Such funding shall be in
accordance with and limited by the provisions of Ordinance No. 6377, the Charter
of the TBD and Chapter 36.73 RCW. By way of illustration and not limitation:
Page 2 of 6
2.2.1 The TBD shall hold public hearings as required by its charter prior to levying
any charge, tax or fee and shall levy any charge, tax or fee only in accordance with law
and ordinance.
2.2.2 Develop an annual work plan and designate projects within its jurisdiction
for funding.
2.2.3 Pursuant to a material change policy adopted pursuant to the requirements
of RCW 36.73.160, the TBD shall consider at a minimum the impacts and appropriate
remedies if transportation improvements contained in its annual plan exceed its original
cost by more than twenty (20) percent. The TBD shall consider the input from public
hearings and other sources as it determines how such cost changes should be resolved.
The obligations of this agreement shall be interpreted and applied in a manner consistent
with adopted policy.
3. Undertakings of AUBURN. AUBURN shall:
3.1 Provide all staff and necessary related support to the TBD. The costs of
such support shall be accounted for as a part of AUBURN's annual report to the TBD.
TBD funding shall first be applied to the reasonable charges incurred in establishing and
staffing the TBD. Annual services provided may include the services provided by the City
Attorney's Office, the City Clerk when serving as the Clerk of the TBD, the City's Finance
Director when serving as its Treasurer, and other employees of AUBURN that serve the
TBD and any associated costs, including but not limited to the preparation of an annual
work plan, reporting, advertising, professional services, design, contracting, construction
management, accounting, and any and all other actual charges or agreed upon
percentage of charges associated with the proper application of TBD funding in
accordance with law and ordinance. In consideration of the benefits derived by AUBURN,
overhead charges such as utilities, information technology, office supplies, and
equipment shall be a contribution of AUBURN to the parties' joint goals and objectives
and need not be directly charged back to the TBD.
Page 3 of 6
3.2 Maintain for the period established by the State Archivist retention schedule,
financial records, kept in accordance with generally accepted accounting practice and
governmental accounting requirements, as necessary to document that any and all
funding received through the TBD is used only for the projects authorized in accordance
with law and ordinance.
3.3 Immediately alert the TBD of any material changes in scope, schedule or
cost increases of 20%or greater to improvements funded in part or whole with TBD funds.
3.4 Utilize funding provided for projects shown on the TBD's annual work plan
in accordance with the TBD's material charge policy, law, and ordinance.
4. Ownership. Streets and related transportation infrastructure preserved and
maintained with TBD funds are and shall remain the property of AUBURN. No joint
property ownership is contemplated under the terms of this agreement
5. No Joint Board. No provision is made for a joint board. The TBD shall exercise its
function in accordance with its charter, using staff as provided by AUBURN, pursuant
law and to this agreement.
6. Insurance: Indemnity.
6.1 The parties agree to participate in the Washington Cities Insurance
Authority (WCIA) insurance pool in accord with their respective interlocal agreements
with the WCIA. The original charge or premium for the TBD will be borne by AUBURN
as a cost to be covered under Section 3.1 and shall be paid for with funds received
from or through the TBD. In the event that either or both cease to participate in the
WCIA pool, the party or parties agree to obtain comparable coverage.
6.2 Each party agrees to defend, indemnify and hold harmless the other party,
its officers, officials, agents, volunteers and employees from any and all claims,
injuries, damages, losses or suits including attorney fees, arising from or out of the
other party's negligent, tortious or illegal actions under this agreement. In the case of
Page 4 of 6
negligence of both parties, any defense costs and damages allowed shall be levied in
proportion to the percentage attributable to each party, and each party shall have the
right to seek contribution from the other party in proportion to the percentage of
negligence attributable to the other party.
7. Termination. This agreement shall terminate or expire as follows:
7.1 This agreement may be terminated by either party upon the provision of one
hundred and eighty (180) calendar days notice. A final reconciliation of costs, payment,
and a current report of completed activities shall be completed by AUBURN within such
period following the notice by either party.
7.2 Unless sooner terminated by either party, this agreement shall expire on the
date when the District is automatically dissolved in accordance with provisions of 36.73
RCW and Ordinance No. 6377, as the same exists or is hereafter amended.
8. Effective Date. This agreement shall be effective upon the last authorizing signature
affixed hereto and when listed by subject on AUBURN's website or other electronically
retrievable public source as required by RCW 39.34.040.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above.
CITY OF AUBURN AUBURN TRANSPORTATION
BENEFIT DISTRICT
Nancy Backus, Mayor Nancy Backus, TBD Chairperson
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
Page 6 of 6
AUBURN TRANSPORTATION BENEFIT DISTRICT
STATE OF WASHINGTON )
)ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified Clerk of the Board of the
Auburn Transportation Benefit District, do hereby certify that the foregoing is a full,
true and correct copy of Resolution No. 2016-02 of the resolutions of the Auburn
Transportation Benefit District, entitled "RESOLUTION NO. 2016-02."
I certify that said Resolution No. 2016-02 was duly passed by the Board
and approved by the Chair of the said Board on the 13th day of December, 2016.
Witness my hand this 20th day of December, 2016.
Danielle Daskam, Clerk of the Board
Auburn Transportation Benefit District