HomeMy WebLinkAbout09-29-2014 Transportation Benefit District'All OBURN
VVAS,I�I N G "10
CALL TO ORDER
Auburn Transportation Benefit
District
September 29, 2014 - 4:00 PM
Council Chambers
AGENDA
II. DISCUSSION ITEMS
A. Auburn Transportation Benefit District (TBD)*
1) statutory regulations for Transportation Benefit Districts;
2) key elements of Resolution No. 2012 -1 (Charter of the Auburn
Transportation Benefit District);
3) the roles and responsibilities of the Auburn Transportation Benefit District;
4) options and limitations for the raising and investment of funds authorized
under statute;
5) other agencies' efforts in raising and investing funds;
6) potential implementation options for the raising and investment of funds by
the Auburn Transportation Benefit District.
III. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.pov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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'Alu,BURN
VVA,S p � I N G "i'(
Agenda Subject:
Auburn Transportation Benefit District (TBD)
AGENDA BILL APPROVAL FORM
Department:
Attachments:
Administration
coves menio
Attachmentl Chapter 36,73 c
Attachment 2 ORD 6377
Attachment 3 Charter
At
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: September 29, 2014
Staff:
Date:
September 15, 2014
Budget Impact:
$0
DI.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 50
Memorandum
DATE: September 25, 2014
TO: Board of Directors of the Auburn Transportation Benefit District
FROM: Kevin Snyder, AICP, Director, Auburn Community Development and Public
Works
CC: Shelley Coleman, Treasurer /Finance Director
Dan Heid, Legal Advisor /City Attorney
Dani Daskam, Clerk of the Board /City Clerk
Ingrid Gaub, PE, City Engineer /Assistant Director, Engineering
Randy Bailey, Assistant Director, Maintenance & Operations
SUBJECT: September 29, 2014 Special Board Meeting
The Auburn Transportation Benefit District is scheduled to meet in a special meeting called by
the Board Chairperson on Monday, September 29, 2014, 4:00 p.m. to 5:00 p.m. in the City
Council Chambers of Auburn City Hall, 25 West Main Street, Auburn, WA 98001. The purposes
of the meeting are:
1. To provide an overview of statutory regulations for Transportation Benefit Districts;
2. Review key elements of Resolution No. 2012 -1 (Charter of the Auburn Transportation
Benefit District);
3. Discuss the roles and responsibilities of the Auburn Transportation Benefit District;
4. Review the options and limitations for the raising and investment of funds authorized under
statute;
5. Discuss other agencies' efforts in raising and investing fiends; and
6. Discuss potential implementation options for the raising and investment of funds by the
Auburn Transportation Benefit District.
This meeting is informational only and no action is requested of the Board.
Please find attached the following attachments for the Board's review prior to the scheduled
special meeting:
Attachment 1: Chapter 36.73 (Transportation Benefit Districts) of the Revised Codes of
Washington
Attachment 2: Ordinance No. 6377 of the Auburn City Council — Establishment of Auburn
Transportation Benefit District and Chapter 3.23 (Transportation Benefit
District) of the Auburn City Code
Attachment 3: Resolution No. 2012 -1 of the Auburn Transportation Benefit District — Charter
of the District
Attachment 4: Excerpt on Transportation Ben_ efit Districts from the Municipal Research
Services Center (MRSC)
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ATTAC MENT I
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Chapter 36.73 RCW: TRANSPORTATION BENEFIT DISTRICTS
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RCWs > Title 36 > Chapter 36.73
Chapter 36.73 RCW
TRANSPORTATION BENEFIT DISTRICTS
Chapter Listing
RCW Sections
36.73.010 Intent.
36.73.015 Definitions.
36.73.020 Establishment of district by county or city -- Participation by
other jurisdictions.
36.73.030 Establishment of district by city.
36.7-3.040 General powers of district.
36.73.050 Establishment of district -- Public hearing -- Ordinance.
36.73.060 Authority to levy property tax.
36.73.065 Taxes, fees, charges, tolls, rebate program,
36.73.067 Vehicle fee rebate program -- Low_ - income individuals --
Report to legislature.
36.73.070 Authority to issue general obligation bonds, revenue bonds.
36.73.080 Local improvement districts authorized -- Special
assessments -- Bonds.
36.73.090 Printing of bonds.
36.73.100 Use of bond proceeds.
36.73.110 Acceptance and use of gifts and grants.
36.73.120 Imposition of fees on building construction or land
development.
36.73.130 Power of eminent domain.
36.73.140 Authority to contract for street and highway improvements.
36.73.150 Department of transportation, counties, cities, and other
jurisdictions may fund transportation improvements,
36.73.160 Transportation improvement projects -- Material change policy
-- Annual report.
36.73.170 Completion of transportation improvement -- Termination of
district operations -- Termination of taxes, fees, charges, and
tolls --- Dissolution of district.
36.73.180 Supplemental transportation improvements.
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$12212014
Chapter 36.73 RCW: TRANSPORTATION BENEFIT DISTRICTS Page 2 of 16
36.73.900 Liberal construction.
Dotes:
Roads and bridges, service districts: Chapter 36.83 RCW.
36.73.010
Intent.
The legislature finds that the citizens of the state can benefit by cooperation
of the public and private sectors in addressing transportation needs. This
cooperation can be fostered through enhanced capability for cities, towns,
and counties to make and fund transportation improvements necessitated
by economic development and to improve the performance of the
transportation system:
It is the intent of the legislature to encourage joint efforts by the state,
local governments, and the private sector to respond to the need for those
transportation improvements on state highways, county roads, and city
streets. This goal can be better achieved by allowing cities, towns, and
counties to establish transportation benefit districts in order to respond to
the special transportation needs and economic opportunities resulting from
private sector development for the public good. The legislature also seeks to
facilitate the equitable participation of private developers whose
developments may generate the need for those improvements in the
improvement costs.
(2005 c 336 § 2; 1987 c 327 § 1.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.015
Definitions.
The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
(1) "C.ity" means a city or town.
(2) "District" means a transportation benefit district created under this
chapter.
(3) "Low- income" means household income that is at or below forty -five
percent of the median household income, adjusted for household size, for
the district in which the fees, taxes, or tolls were imposed.
(4) "Rebate program" means an optional program established by a
transportation benefit district that includes a city with a population of five
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Chapter 36.73 RCW: TRANSPORTATION BENEFIT DISTRICTS
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hundred thousand persons or more for the purpose of providing rebates to
low- income individuals for fees, taxes, and/or tolls imposed by such
transportation benefit district for: (a) Vehicle fees imposed under RCW
36.73.040(3)(b); (b) sales and use taxes imposed under RCW 36.73.040(3)
(a); and/or (c) tolls imposed under RCW 36.73.040(3)(d).
(5) "Supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to provide public
transportation service, in addition to a district's existing or planned voter -
approved transportation improvements, proposed by a participating city
member of the district under RCW 36.73.180.
(6) "Transportation improvement" means a project contained in the
transportation plan of the state, a regional transportation planning
organization, city, county, or eligible jurisdiction as identified in RCW
36.73.020(2). A project may include investment in new or existing highways
of statewide significance, principal arterials of regional significance, high
capacity transportation, public transportation, and other transportation
projects and programs of regional or statewide significance including
transportation demand management. Projects may also include the
operation, preservation, and maintenance of these facilities or programs.
[2012 c 152 § 1. Prior: 2010 c 251 § 2; 2010 c 105 § 1; 2006 c 311 § 24;
2005 c 336 § 1.]
Notes:
Findings -- 2006 c 311: See note following RCW 36.120.020.
Effective date -- 2005 c 336: "This act takes effect August 1,
2005." [2005 c 336 § 26.)
36.73.020
Establishment of district by county or city — Participation by other
jurisdictions.
(1) The legislative authority of a county or city may establish a transportation
benefit district within the county or city area or within the area specified in
subsection (2) of this section, for the purpose of acquiring, constructing,
improving, providing, and funding a transportation improvement w_ ithin the
district that is consistent with any existing state, regional, or local
transportation plans and necessitated by existing or reasonably foreseeable
congestion levels. The transportation improvements shall be owned by the
county of jurisdiction if located in an unincorporated area, by the city of
jurisdiction if located in an incorporated area, or by the state in cases where
the transportation improvement is or becomes a state highway. However, if
deemed appropriate by the governing body of the transportation benefit
district, a transportation improvement may be owned by a participating port
district or transit district, unless otherwise prohibited by law. Transportation
improvements shall be administered and maintained as other public streets,
roads, highways, and transportation improvements. To the extent
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practicable, the district shall consider the following criteria when selecting
transportation improvements:
(a) Reduced risk of transportation facility failure and improved safety; .
(b) Improved travel time;
(c) Improved air quality;
(d) increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost - effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with special
transportation needs as defined in `RCW 47.066.012.; and
0) Other criteria, as adopted by the governing body.
(2) Subject to subsection (f) of this section, the district may include area
within more than one county, city, port district, county transportation
authority, or public transportation benefit area, if the legislative authority of
each participating jurisdiction has agreed to the inclusion as provided in an
interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the
boundaries of the district need not include all territory within the boundaries
of the participating jurisdictions comprising the district.
(3) The members of the legislative authority proposing to establish the
district, acting ex officio and independently, shall constitute the governing
body of the district: PROVIDED, That where a district includes area within
more than one jurisdiction under subsection (2) of this section, the district
shall be governed under an interlocal agreement adopted pursuant to
chapter 39.34 RCW, with the governing body being composed of (a) at least
five members including at least one elected official from the legislative
authority of each participating jurisdiction or (b) the governing body of the
metropolitan planning organization serving the district, but only if the district
boundaries are identical to the boundaries of the metropolitan_ planning
organization serving the district.
(4) The treasurer of the jurisdiction proposing to establish the district
shall act as the ex officio treasurer of the district, unless an interlocal
agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within
the district.
(6) Prior to December 1, 2007, the authority under this section, regarding
the establishment of or the participation in a district, shall not apply to:
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(a) Counties with a population greater than one million five hundred
thousand persons and any adjoining counties with a population greater than
five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this subsection,
and
(c) Other jurisdictions with any area within the counties under (a) of this
subsection.
[2010 c 250 § 1; 2009 c 515 § 14; 2006 c 311 § 25; 2005 c 336 § 3; 1989 c
53 § 1; 1987 c 327 § 2.]
Notes:
*Reviser's note: RCW 47.06B.012 was repealed by 2011 c 60 § 51.
Findings -- 2006 c 311: See note following RCW 36.120.020.
Effective date -- 2005 c 336: See note following RCW 36.73.015.
Severabi.lity - -1989 c 53: "Ifany provision of this act or its application
to any per son or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." 11989 c 53 § 5.]
Transportation benefit district tax authority: RCW 82.47.020.
36.73.030
Establishment of district by city.
See RCW 35.21.225.
36.73.040
General powers of district.
(1) A transportation benefit district is a quasi - municipal corporation, an
independent taxing "authority" within the meaning of Article VI I, section 1 of
the state Constitution, and a "taxing district" within the meaning of Article
Vil, section 2 of the state Constitution.
(2) A transportation benefit district constitutes a body corporate and
possesses all the usual powers of a corporation for public purposes as well
as all other powers that may now or hereafter be specifically conferred by
statute, including, but not limited to, the authority to hire employees, staff,
and services, to enter into contracts, to acquire, hold, and dispose of real
and personal property, and to sue and be sued. Public works contract limits
applicable to the jurisdiction that established the district apply to the district.
mull
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(3) To carry out the purposes of this chapter, and subject to the
provisions of RCW 36.73.065, a district is authorized to impose the following
taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW 82.14,0455;
(b) A vehicle fee in accordance with RCW 82.80.140;
(c) A fee or charge in accordance with RCW 36.73.120. However, if a
county or city within the district area is levying a fee or charge for a
transportation improvement, the fee or charge shall be credited against the
amount of the fee or charge imposed by the district. Developmerits
consisting of less than twenty residences are exempt from the fee or charge
under RCW 36.73.120; and
(d) Vehicle tolls on state routes, city streets, or county roads, within the
boundaries of the district, unless otherwise prohibited by law. However,
consistent with RCW 47.56.820, the vehicle toll must first be authorized by
the legislature if the toll is imposed on a state route. The department of
transportation shall administer the collection of vehicle tolls authorized on
state routes, unless otherwise specified in law or by contract, and the state
transportation commission, or its successor, may approve, set, and impose
the tolls in amounts sufficient to implement the district's transportation
improvement finance plan. The district shall administer the collection of
vehicle tolls authorized on city streets or county roads, and shall set and
impose the tolls in amounts sufficient to implement the district's
transportation improvement plan. However, consistent with RCW 47.56.850,
the vehicle toll, including any change in an existing toll rate, must first be
reviewed and approved by the tolling authority designated in RCW
47.56.850 if the toll, or change in toll rate, would have a significant impact,
as determined by the tolling authority, on the operation of any state facility.
[2008 c 122 § 17; 2005 c 336 § 4; 1989 c 53 § 3; 1987 c 327 § 4.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015,
Severability -- 9989 c 53: See note following RCW 36,73.020.
36.73.050
Establishment of district — Public Hearing — Ordinance.
(1) The legislative authorities proposing to establish a district, or to modify
the boundaries of an existing district, or to dissolve an existing district shall
conduct a hearing at the time and place specified in a notice published at
least once, not less than ten days before the hearing, in a newspaper of
general circulation within the proposed district. Subject to the provisions of
RCW 36.73.170, the legislative authorities shall make provision for a district
to be automatically dissolved when all indebtedness of the district has been
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retired and anticipated responsibilities have been satisfied. This notice shall
be in addition to any other notice required by law to be published. The
notice shall, where applicable, specify the functions or activities proposed to
be provided or funded, or the additional functions or activities proposed to
be provided or funded, by the district. Additional notice of the hearing may
be given by mail, by posting within the proposed district, or in any manner
the legislative authorities deem necessary to notify affected persons. All
hearings shall be public and the legislative authorities shall hear objections
from any person affected by the formation, modification of the boundaries,
or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection (1.) of this
section, the legislative authorities may establish a district, modify the
boundaries or functions of an existing district, or dissolve an existing district,
if the legislative authorities find the action to be in the public interest and
adopt an ordinance providing for the action.
(b) The ordinance establishing a district shall specify the functions and
transportation improvements described under RCW 36.73.015 to be
exercised or funded and establish the boundaries of the district. Subject to
the provisions of RCW 36.73.160, functions or transportation improvements
proposed to be provided or funded by the district may not be expanded
beyond those specified in the notice of hearing, unless additional notices
are made, further hearings on the expansion are held, and further
determinations are made that it is in the public interest to so expand the
functions or transportation improvements proposed to be provided or
funded.
[2007 c 329 § 3; 2005 c 336 § 5; 1987 c 327 § 5.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.060
Authority to levy property tax.
(1) A district may levy an ad valorem property tax in excess of the one
percent limitation upon the property within the district for a one -year period
whenever authorized by the voters of the district pursuant to RCW
84.52.052 and Article VII, section 2(a) of the state Constitution.
(2) A district may provide for the retirement of voter - approved general
obligation bonds, issued for capital purposes only, by levying bond
retirement ad valorem property tax levies in excess of the one percent
limitation whenever authorized by the voters of the district pursuant to
Article VII, section 2(b) of the state Constitution and RCW 84.52.056.
[2005 c 336 § 6; 1987 c 327 § 6.]
N otes:
A011
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Effective date -- 2005 c 336: See note following RCW 36,73.015.
36.73.065
Taxes, fees, charges, tolls, rebate program.
(1) Except as provided in subsection (4) of this section, taxes, fees,
charges, and tolls may not be imposed by a district without approval of a
majority of the voters in the district voting on a proposition at a general or
special election. The proposition must include a specific description of: (a)
The transportation improvement or improvements proposed by the district;
(b) any rebate program proposed to be established under RCW 36.73.067;
and (c) the proposed taxes, fees, charges, and the range of tolls imposed by
the district to raise revenue to fund the improvement or improvements or
rebate program, as applicable.
(2) Voter approval under this section must be accorded substantial
weight regarding the validity of a transportation improvement as defined in
RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges, or range of tolls
imposed or change a rebate program under this chapter once the taxes,
fees, charges, tolls, or rebate program takes effect, unless authorized by the
district voters pursuant to RCW 36.71160.
(4)(a) A district that includes all the territory within the boundaries of the
jurisdiction, or jurisdictions, establishing the district may impose by a
majority vote of the governing board of the district the following fees and
charges:
or
(i) Up to twenty dollars of the vehicle fee authorized in RCW 82.80.140;
(ii) A fee or charge in accordance with RCW 36.73.120.
(b) The vehicle fee authorized in (a) of this subsection may only be
imposed for a passenger -only ferry transportation improvement if the vehicle
fee is first approved by a majority of the voters within the jurisdiction of the
district.
(c)(i) A district solely comprised of a city or cities shall not impose the
fees or charges identified in (a) of this subsection within one hundred eighty
days after July 22, 2007, unless the county in which the city or cities reside,
by resolution, declares that it will not impose the fees or charges identified in
(a) of this subsection within the one hundred eighty -day period; or
(ii) A district solely comprised of a city or cities identified in RCW
36.73.020(6)(b) may not impose the fees or charges until after May 22,
2008, unless the county in which the city or cities reside, by resolution,
declares that it will not impose the fees or charges identified in (a) of this
subsection through May 22, 2008.
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(5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be
reached, a district that includes only the unincorporated territory of a county
may impose by a majority vote of the governing body of the district up to
twenty dollars of the vehicle fee authorized in RCW 82.80.140.
(2012 c 152 § 3; 2007 c 329 § 1; 2005 c 336 § 17,1
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.067
Vehicle fee rebate program -- Low - income individuals — Report to
legislature.
(1) A district that: (a) Includes a city with a population of five hundred
thousand persons or more; and (b) imposes a vehicle fee under RCW
36.73.040(3)(b), sales and use taxes under RCW 36.73.040(3)(x), or tolls
under RCW 36.73.040(3)(d), may establish a rebate program for the
purposes of providing rebates of up to forty percent of the actual fee, tax, or
toll paid by a low- income individual.
(2) Funds collected from a vehicle fee under RCW 36.73.040(3)(6), sales
and use tax under RCW 36.73.040(3)(a) or tolls under RCW 36.73.040(3)(d)
may be used for a rebate program established under this section.
(3) A district that establishes a rebate program is responsible for the
development and administration of the program and all functions and costs
associated with the rebate program.
(4) A district that establishes a rebate program under this section must
report back to the legislature two years after the program takes effect. The
report must include, but is not limited to, a detailed description of the
structure of the program, the average rebate, the total amount of rebates
issued, and the number of people that received rebates.
[2012 c 152 § 2.]
36.73.070
Authority to issue general obligation bonds, revenue bonds.
(1) To carry out the purposes of this chapter and notwithstanding RCW
39.36.020(1), a district may issue general obligation bonds, not to exceed
an amount, together with any other outstanding nonvoter - approved general
obligation indebtedness, equal to one and one -half percent of the value of
taxable property within the district, as the term "value of taxable property" is
defined in RCW 39.36.015. A district may additionally issue general
obligation bonds for capital purposes only, together with any outstanding
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general obligation indebtedness, not to exceed an amount equal to five
percent of the value of the taxable property within the district, as the term
"value of taxable property" is defined in RCW 39.36.015, when authorized
by the voters of the district pursuant to Article VIII, section 6 of the state
Constitution, and may also provide for the retirement thereof by excess
property tax levies as provided in RCW 36.73.060(2). The district may, if
applicable, submit a single proposition to the voters that, if approved,
authorizes both the issuance of the bonds and the bond retirement property
tax levies.
(2) General obligation bonds with a maturity in excess of forty years shall
not be issued. The governing body of the district shall by resolution
determine for each general obligation bond issue the amount, date, terms,
conditions, denominations, maximum fixed or variable interest rate-or rates,
maturity or maturities, redemption rights, registration privileges, manner of
execution, manner of sale, callable provisions, if any, covenants, and form,
including registration as to principal and interest, registration as to principal
only, or bearer. Registration may include, but not be limited to: (a) A book
entry system of recording the ownership of a bond whether or not physical
bonds are issued; or (b) recording the ownership of a bond together with the
requirement that the transfer of ownership may only be effected by the
surrender of the old bond and either the reissuance of the old bond or the
issuance of a new bond to the new owner. Facsimile signatures may be
used on the bonds and any coupons. Refunding general obligation bonds
may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to fund specific
projects or enterprises that generate revenues, charges, user fees, or
special assessments, the district may specifically pledge all or a portion of
the revenues, charges, user fees, or special assessments to refund the
general obligation bonds. The district may also pledge any other revenues
that may be available to the district.
(4) In addition to general obligation bonds, a district may issue revenue
bonds to be issued and sold in accordance with chapter 39.46 RCW.
[2005 c 336 § 7; 1987 c 327 § 7.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.080
Local improvement districts authorized — Special assessments —
Bonds.
(1) A district may form a local improvement district to provide any
transportation improvement it.has the authority to provide, impose special
assessments on all property specially benefited by the transportation
improvements, and issue special assessment bonds or revenue bonds to
fund the costs of the transportation improvement. Local improvement
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districts shall be created and administered, and assessments shall be made
and collected, in the manner and to the extent provided by law to cities and
towns pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35,53, and
35.54 RCW. However, the duties devolving upon the city or town treasurer
under these chapters shall be imposed upon the district treasurer for the
purposes of this section. A local improvement district may only be formed
under this section pursuant to the petition method under RCW 35.43.120
and 35.43.125.
(2) The governing body of a district shall by resolution establish for each
special assessment bond issue the amount, date, terms, conditions,
denominations, maximum fixed or variable interest rate or rates, maturity or
maturities, redemption rights, registration privileges, if any, covenants, and
form, including registration as to principal and interest, registration as to
principal only, or bearer. Registration may include, but not be limited to: (a)
A book entry system of recording the ownership of a bond whether or not
physical bonds are issued; or (b) recording the ownership of a bond
together with the requirement that the transfer of ownership may only be
effected by the surrender of the old bond and either the reissuance of the
old bond or the issuance of a new bond to the new owner. Facsimile
signatures may be used on the bonds and any coupons. The maximum term
of any special assessment bonds shall not exceed thirty years beyond the
date of issue. Special assessment bonds issued pursuant to this section
shall not be an indebtedness of the district issuing the bonds, and the
interest- and principal on the bonds shall only be payable from special
assessments made for the improvement for which the bonds were issued
and any local irimprovement guaranty fund that the district has created. The
owner or bearer of a special assessment bond or any in coupon
issued pursuant to this section shall not have any claim against the district
arising from the bond or coupon except for the payment from special
assessments made for the improvement for which the bonds were issued
and any local improveriment guaranty fund the district has created. The
district issuing the special assessment bonds is not liable to the owner or
bearer of any special assessment bond or any interest coupon issued
pursuant to this section for any loss occurring in the lawful operation of its
local improvement guaranty fund. The substance of the limitations included
in this subsection (2) shall be plainly printed, written, or engraved on each
special assessment bond issued pursuant to this section.
(3) Assessments shall reflect any credits given by a district for real
property or property right donations made pursuant to RCW 47.14.030.
(4) The governing body may establish, administer, and pay money into a
local improvement guaranty fund, in the manner and to the extent provided
by law to cities and towns under chapter 35.54 RCW, to guarantee special
assessment bonds issued by the district.
[2005 c 336 § 8; 1987 c 327 § 8.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
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36.73.090
Printing of bonds.
Where physical bonds are issued pursuant to RCW 36.73.070 or 3673.080,
the bonds shall be printed, engraved, or lithographed on good bond paper
and the manual or facsimile signatures of both the treasurer and
chairperson of the governing body shall be included on each bond.
[1987 c 327 § 9.]
36.73.100
Use of bond proceeds.
(1) The proceeds of any bond issued pursuant to RCW 36.73.070 or
36.73.080 may be used to pay costs incurred on a bond issue related to the
sale and issuance of the bonds. These costs include payments for fiscal and
legal expenses, obtaining bond ratings, printing, engraving, advertising, and
other similar activities.
(2) In addition, proceeds of bonds used to fund capital projects may be
used to pay the necessary and related engineering, architectural, planning,
and inspection costs.
[2005 c 336 § 9; 1987 c 327 § 10.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.110
Acceptance and use of gifts and grants.
A district may accept and expend or use gifts, grants, and donations.
[2005 c 336 § 10; 1987 c 327 § 11.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.120
Imposition of fees on building construction or land development.
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(1) Subject to the provisions in RCW 36.73.065, a district may impose a fee
or charge on the construction or reconstruction of commercial buildings,
industrial buildings, or on any other commercial or industrial building 6r
building space or appurtenance, or on the development, subdivision,
classification, or reclassification of land for commercial purposes, only if
done in accordance with chapter 39.92 RCW.
(2) Any fee or charge imposed under this section shall be used
exclusively for transportation improvements as defined in RCW 36.73.015.
The fees or charges imposed must be reasonably necessary as a result of
the impact of development, construction, or classification or reclassification
of land on identified transportation needs.
(3) If a county or city within the district area is levying a fee or charge for
a transportation improvement, the fee or charge shall be credited against
the amount of the fee or charge imposed by the district.
[2010 c 105 § 2; 2007 c 329 § 4; 2005 c 336 § 11; 1988 c 179 § 7; 1987 c
327 § 12.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36:73.015.
Severability -- Prospective application -- Section captions - -1988
c 179: See RCW 39.92.900 and 39.92.901.
36,.73.130
Power of eminent domain.
A district may exercise the power of eminent domain to obtain property for
its authorized purposes in the same manner as authorized for the city or
county legislative authority that established the district.
[2005 c 336 § 12; 1987 c 327 § 13.]
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.140
Authority to contract for street and highway improvements.
A district has the same powers as a county or city to contract for street,
road, or state highway improvement projects and to enter into
reimbursement contracts provided for in chapter 35.72 RCW.
[2005 c 336 § 13; 1987 c 327 § 14.]
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Chapter 36.73 RCW: TRANSPORTATION BENEFIT DISTRICTS Page 14 of 16
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73450
Department of transportation, counties, cities, and other
jurisdictions may fund transportation improvements.
The department of transportation, counties, cities, and other jurisdictions
may give funds to districts for the purposes of financing transportation
improvements under this chapter.
[2005 c 336 § 14; 1987 c 327 § 15.1
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
36.73.160
Transportation improvement projects — Material change policy —
Annual report.
(1) The district governing body shall develop a material change policy to
address major plan changes that affect project del.ivery or the ability to
finance the plan. The policy must at least address material changes to cost,
scope, and schedule, the level of change that will require governing body
involvement, and how the governing body will address those changes. At a
minimum, in the event that a transportation improvement cost exceeds its
original cost by more than twenty percent as identified in a district's original
finance plan, the governing body shall hold a public hearing to solicit
comment from the public regarding how the cost change should be
resolved.
(2) A district shall issue an annual report, indicating the status of
transportation improvement costs, transportation improvement
expenditures, revenues, and construction schedules, to the public and to
newspapers of record in the district.
[2005 c 336 § 18.1
Notes:
Effective date -- 2005 c 336: See note following RCW 36.73.015.
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36.73.170
Completion of transportation improvement — Termination of
district operations — Termination of taxes, fees, charges, and tolls
— Dissolution of district.
Within thirty days of the completion of the construction of the transportation
improvement or series of improvements authorized by a district, the district
shall terminate day -to -day operations and exist solely as a limited entity that
oversees the collection of revenue and the payment of debt service or
financing still in effect, if any and to carry out the requirements of RCW
36.73.160. The district shall accordingly adjust downward its employees,
administration, and overhead expenses. Any taxes, fees, charges, or tolls
imposed by the district terminate when the financing or debt service on the
transportation improvement or series of improvements constructed is
completed and paid and notice is provided to the departments administering
the taxes. Any excess revenues collected must be disbursed to the
participating jurisdictions of the district in proportion to their population,
using population estimates prepared by the office of financial management.
The district shall dissolve itself and cease to exist thirty days after the
financing or debt service on the transportation improvement, or series of
improvements, constructed is completed and paid. If there is no debt
outstanding, then the district shall dissolve within thirty days from
completion of construction of the transportation improvement or series of
improvements authorized by the district. Notice of dissolution must be
published in newspapers of general circulation within the district at least
three times in a period of thirty days. Creditors must file claims for payment
of claims due within thirty days of the last published notice or the claim is
extinguished.
[2005 c 336 § 19.]
Notes:
Effective date -- 2005 c 336: See note following RCW •36.7.3.0.15.
36.73.180
Supplemental transportation improvements.
(1) In districts comprised of more than one member city, the legislative
authorities of any member city that is located in a county having a
population of more than one million five hundred thousand may petition the
district to provide supplemental transportation improvements.
(2) Upon receipt of a petition as provided in subsection (1) of this section
for supplemental transportation improvements that are to be fully funded by
the petitioner city, including ongoing operating and maintenance costs, the
district must:
(a) Conduct a public hearing, and provide notice and opportunity for
public comment consistent with the requirements of RCW 36.73.050(1); and
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(b) Following the hearing, if a majority of the district's governing board
determines that the proposed supplemental transportation improvements
are in the public interest, the district shall adopt an ordinance providing for
the incorporation of the supplemental improvements into any existing
services. The supplemental m me
ppleental transportation improvements must be in
addition to existing services provided by the district. The district shall enter
into agreements with the petitioner city or identified service providers to
coordinate existing services with the supplemental improvements.
(3) Upon receipt of a petition as provided in subsection (1) of this section
for supplemental transportation improvements proposed to be partially or
fully funded by the district, the district must:
(a) Conduct a public hearing, and provide notice and opportunity for
public comment consistent with the requirements of RCW 36.73.050(1); and
(b) Following the hearing, submit a proposition to the voters at the next
special or general election for approval by a majority of the voters in the
district. The proposition must specify the supplemental transportation
improvements to be provided and must estimate the capital, maintenance,
and operating costs to be funded by the district.
(4) If a proposition to incorporate supplemental transportation
improvements is approved by the voters as provided under subsection (3) of
this section, the district shall adopt an ordinance providing for the
incorporation of the supplemental improvements into any existing services
provided by the district. The. supplemental improvements must be in addition
to existing services. The district shall enter into agreements with the
petitioner city or identified service providers to coordinate existing services
with the supplemental improvements.
(5) A supplemental transportation improvement must be consistent with
the petitioner city's comprehensive plan under chapter 36.70A RCW.
(6) Unless otherwise agreed to by the petitioner city or by a majority of
the district's governing board, upon adoption of an ordinance under
subsection (2) or (4) of this section, the district shall maintain its existing
public transportation service levels in locations where supplemental
transportation improvements are provided.
[2010 c 251 § 3.]
36.73.900
Liberal construction.
The rule of strict construction does not apply to this chapter, and this
chapter shall be liberally construed to permit the accomplishment of its
purposes.
[1987 c 327 § 16.]
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ATTACHMENT 2
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ORDINANCE NO. 617 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF 'AURURN,. WASHINGTON, ESTABLISHING A
TRANSPORTATION BENEFIT DISTRICT WITHIN, THE
CORPORATE LIMITS OF THE CITY .OF AUBURN,
SPECIFYING "THE MAINTENANC E AN_d :PRESERVATION
OF EXfSTING TRANSPORTATION IMPROVEMENTS,
PROVIDING FOR ADDITIONAL. TRANSPORTATION
IMPROVEMENTS AND CREATING-.A NEW CHAPTER 123
OF THE AUBURN CITY CODE ENTITLED "AUBURN
TRANSPORTATION BENEFIT DISTRICT'
WHEREAS, the City of Auburn has responsibility, to the extent of its resources,
for the improvement, .maintenance, and protection of public ways within the corporate
limits of the City; and
WHEREAS, -the improvement, maintenance, and protection and operation of
public ways requires providing necessary transportation improvements and preserving
existing transportation improvements to avoid catastrophic failure of the improvements
which would require significant additional funds to reconstruct, as well as their gradual
deterioration; and
WHEREAS, the number.one priority in the "Washington Transportation Plan for
2007 -2.26." adopted by the Washington Transportation Commission ( "State
Transportation Plan ") is to preserve. and extend prior investments in existing
transportation .facilities and the. services they provide to people and commerce; and
WHEREAS, the State Transportation Plan identifies that there is no more
fundamental transportation investment than existing ,system preservation — keeping the
physical infrastructure. in safe and efficient operatiog condition; and
WHEREAS, the investment principles from the Puget Sound Regional Council
"Destination 2030 Metropolitan Transportation Plan -for the Central Puget Sound
Region states that the first priority should be to maintain; preserve, make safe and
optimize existing transportation infrastructure and services; and
Ordinance No. 63T7
September 12, 2011
Page 1 of 6
DI.A Page 23 of 50
WHEREAS, the City has limited transportation funding to pay for necessary
transportation preservation and maintenance; and
WHEREAS, the funding dedicated for the preservation and maintenance of the
City's transportation infrastructure has been dramatically reduced in recent years due to
the action of several statewide initiatives, however; the ongoing annual costs to
preserve and maintain the City's transportation infrastructure continue to rise making it
difficult for the City to sufficiently address these. issues; and
WHEREAS, the City desires to improve its modal connectivity to facilitate better -
overall transportation within the. City of Auburn; and
WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation
benefit districts and for the levying of additional revenue sources for transportation
improvements within the District that are consistent with existing state, regional and
local transportation plans and necessitated by existing or reasonably foreseeable
congestion levels; and
WHEREAS, RCW 35,21.225 authorizes the City Council to establish a
Transportation Benefit District; subject to the provisions of Chapter 36.73 RCW; and
WHEREAS, the City desires to form a Transportation Benefit District which
includes the entire City of Auburn as the boundaries currently exist or are hereafter
expanded due to annexation; and
WHEREAS, the City, after giving proper notice, conducted a public- hearing on
September 19, 2014 and took public comment regarding the proposed establishment of
a Transportation Benefit District in accordance with RCW 36.73.050.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY ORDAIN as follows:
SECTION 1. Purpose. - The purpose of this Chapter is to establish a
Transportation Benefit District pursuant to RCW 35.21:255-and 36.73 RCW.
SECTION 2. Findings. . The City Council -finds..it is in the public interest to
form a Transportation Benefit District to provide :adequate levels of funding for -
transportation improvements that are consistent with existing state, regional and local
Ordinance No. 6377
September 12, 2.011
Page2of6
DI.A Page 24 of 50
transportation plans and are necessitated by 'existing or reasonably foreseeable
congestion Levels, as provided in .Chapter 36.73 RCW.
The City Council further finds that it is in the public interest to provide for
transportation improvements that improve modal connectivity and that protect the City's
long tern investments in its infrastructure, reduce the. risk of transportation facility
failure, improve safety; continue optimal performance -of the infrastructure over time,
and avoid more expensive infrastructure replacements in the future.
The City Council further finds that the City's six -year (2011 -2016) Transportation
Improvement Program shall be annually updated to identify projects that constitute
transportation improvements that, may be funded by the TBD (collectively the °TBD
Projects"] as funding becomes available.
The City Council further finds that annually .recurring projects listed under
"Pavement Preservation Programs" within the .City's Six -Year Trbarisportation
Improvement Program constitute :transportation improvements and shall be °TBD
Projects," until such time as the City obtains and can sustain an average system wide
pavement condition rating of 80 with in the City's Arterial Street System.
SECTION 3. A new chapter, Chapter 3.23 of the Auburn City Code entitled
"Transportation Benefit District," is hereby created to read as follows:
Sections:
3.23.010
3.23.020
3.23.030
3.23.040
3:23.050
3.23.060
Chapter 3.23
Transportation Benefit District
Transportation Benefit District Established.
Governing Board.
Authority of the District.
Use of Funds.
Dissolution of District:
Liberal Construction:
3. 23.010 Transportation Benefit District Esta_ blushed.
There is created -a transportation benefit district to be known as the Aubum
Transportation Benefit District or "District." with ,geographical boundaries comprised of
the corporate Limits of the City as they, currently exist. or as they may exist following
future annexations.
Ordinance No. 6377
September 12, 'td 11
Page 3 of 6
DI_A Page 25 of 50
.3.23.020 Governing Board.
A. The governing board of the Transportation Benefit District shall be the
Aubum City Council :acting in an ex officio and independent capacity, which shall have
the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.
B. Meetings of the TBD Board shall be governed by the procedural rules
applicable, to- meetings of the City Council, as these rules may be amended by the City ;
Council from time to time TED Board actions shall be taken in the same manner and
follow the same.pr6cedure as for the adoption of'City Council resolutions. Meetings of
the TBD Board shall, whenever possible, take place on the same dates scheduled for
City Council meetings. ;
C. The Mayor shall serve as the chair of the TED Board and shall preside
over all meetings of the TED Board.
D. AubUrn City Atto.mey will serve as legal advisor to the TED Board, except:
where separate counsel is engaged by the TED or the City Attorney has a conflict of
interest
E. The treasurer of the Transportation Benefit District shall be the City
Financial Services Director..
F. The Board shall develop a material change policy to address major plan
changes that affect project delivery or the ability to finance the plan, pursuant to the
requirements setforth'in RCW 36.73.160(1).
G. The Board shall issue an annual report, pursuant to the requirements of
RCW 36.73.160(2). '
H. The Board may authorize an Advisory Committee, consisting of up to
seven (7) city residents who are stakeholders in the city's arterial system, to advise ttie.
Board as requested on matters relating to project. priorities and material changes.
Advisory - Member candidates shall be nominated by the Mayor and confirmed by the
Board.
3.23.030 Authority of the District
The Board shall have and may exercise any powers. provided by law to fulfill the
purpose of the District.
Ordinance No. 6377
SeptembOer 1 , 20t 1
Page 4 of 6
DI.A Page 26 of 50
3.23_.040 Use of Funds._
The furids generated by the Transportation Benefit District may be used for any
purpose allowed by faw including to operate the District and to make transportation
improvements that are consistent with existing state, regional, and local transportation
plans and necessitated by existing or reasonably foreseeable congestion levels
pursuant to Chapter 36.73 RCW. The transportation 'improvements funded by tie
district shall be. made in an effort 'to protect the City's long term investments in its
infrastructure, to reduce the risk of transportation facility failure, to improve safety, to
continue optimal performance of the. infrastructure over time, to avoid more expensive
infrastructure replacements in the future and to improve modal connectivity within the
City of-Aubum_ Additional transportation improvement projects of the district may be
funded only after compliance with the provisions of RCW 36.73.060(2).
3.23.050 Dissolution of District
The Transportation Benefit District-shall be automatically dissolved, pursuant to
the procedures set,forth in chapter 3613 RCW, when -all indebtedness of the district has
been retired and when all of the District's anticipated responsibilities have been
satisfied.
3.23.060' Liberal Construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally
construed to permit the accomplishment of its purposes.
SECTION 4. Severability. If any one. or- more sections, -subsections-, or
sentences of this ordinance are held to be unconstitutional or 'irivalid, such decision
shall not affect the validity of the ;remaining portion of this ordinance and the same shall
remain in full force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage,, approval and publication as provided by law.
INTRODUCED: SEP 19 2011
Ordinance No. 6377
September 12, 2011
Page 5 of 6
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PASSED: SEP 19 2011
APPROVED: SEP 19 2011
CI OF URN
r
PETER-9. LEW , .MAYOR
ATTEST:
Danielle E. Daskam, City Cleric.
F&f"N.0
i�w qjp .
Published: aaeAr ZZ', 74 tr
Ordinance No. 6377
September 12,'2011
Page 6 of 6
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ATTACHMENT 3
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AUBURN TRANSPORTATION BENEFIT DISTRICT
RESOLUTION NO. 2012-1
A RESOLUTION OF THE AUBURN TRANSPORTATION
BENEFIT DISTRICT, APPROVING THE CHARTER OF THE
DISTRICT
WHEREAS, the- City of Auburn adopted Ordinanoe No. 6377 on September 19,
2011, authorizing the -establishment of the Aubur i Transportation Benefit .District
{pursuant to chapter 36.73 RCW, and
WHEREAS; the Board of .the. Auburn Transportation District finds that it would
promote orderly conduct of the Di.Wcft,business to adopt a charter,
NOW THEREFORE BE- IT RESOLVED BY THE BOARD OF THE AUBURN
TRANSPORTATION BENEFIT DISTRICT, WASHINGTON, as follows:
The Charter of the Auburn Transportation Benefit District in the form attached
hereto as Exhibit A is hereby approved and adopted.
i
PASSED this v2! day of ..2012.
�&Ctle.11
i/
Bill Pelcab, :o Board 106mber
Resolution No. 2012 -1
February 15, 2012
ohn 1161m6h, TBD Board Member
; - < gairbr idge, TBD Board Member
1: �--_ L. x �- �
Rich Waj4rkef, TBD Board Membet
DI.A Page 30 of 50
ATTEST:
Da.rij.Wle E. Daskirrim
6
. . -... ..
Secrbtary . the Board
4-�r E-D TO:F07R ,
dfty Atwn�Oy
Resaiudoh No. 2012.1
OebrUiry-15,2012
DI.A Page 31 of 50
CHARTER
of the
AUBURN TRANSPORTATION BENEFIT DISTRICT
.CHARTER of the AUBURN TBD
1 of 9 pages
DI.A Page 32 of 50
CHARTER
of the
AUBURN TRANSPORTATION BENEFIT DISTRICT
This Charter is adopted oursuarYt to. City of Auburn Ordinance 6377; which is the
eriabling legislation for the Auburn Transportation Benefit District. - The District was
created pursuant to RCW 36.73. According to Ordinance 6377, the District's
boundaries are coextensive with the corporate boundaries of the City of- Aubum and its
governing body is the city coundil, but the District it established as a separate body
corporate acting as a quasi - municipal corporation and an independent taxing authority.
Subject to the provisions of Ordinance 6377, these articles- govern the actions and
proceedings of the Transportation Benefit: District.
ARTICLE I — NAME
SECTION 1.01 — NAME. The name of the Transportation Benefit District shall be the
"Auburn Transportation Benefit District."
ARTICLE II — LIABILITY
SECTION 2.01 LlmrrAnoNs ON LIABILmr: AR debts, liability and other obligations incurred.
by the District shall be satisfied (a) in the case of Oblig ations which, by their terms, are
not payable-from a special or limited source of funds, _ exclusively from the revenues,
assets, and properties of the District; and (b) in the case of Obligations which, by their
teens, are payablefrom a special or limited source,offi nds, exclusively from such
revenues, assets, and properties of the District as,sh"all be specifically pledged thereto
or otherwise identified as being the:source of payment thereof. No creditor, claimant or
other person shall have any right of action against .or recourse to the City or its
revenues, assets or properties on account,of or with .respect to any such Obligations, or
otherwise on account of or with respect to any acts or omissions of the District or its
officers, employees or agents..
SECTION 2.02 MANDATORY DIsCLAIMERs. A disclaimer in substantially the following form
shall be posted in a prominent place accessible to the public in the District's principal
office, which shall be the Auburn City Hall: It. shall also be printed or stamped on all
contracts, bonds, and other documents that evidence or create any Obligation'which, by
its terms, is not-payable from a special or limited source of finds.
The Aubum Transportation Benefit District is a Transportation Benefit District
established pursuant to Ordinance No. 6377 of the City of Aubum,
Washington, and the laws of the State of Washington; ;including, but not
CHARTER of the AUBURN TBD
2 of 9 pages
DI.A Page 33 of 50
limited to, Chapter 36:73 RCW. All debts, liabilities and other obligations
incurred by the District shall be s"sfed exclusively from the revenues,
assets, and properties of.the District. No creditor, claimant, or other person
shall have any right of action-against or recourse to the City of Aubum,. the
State of Washington, or any other political subdivision of the State of
Washington on account of or with respect to any debts, liabilities or other
obligations of the District, or otherwise on aocount of or with respect to any
acts or omissions of the District or its offioers, employees or agents.
ARTICLE III.— DISSOLUTION
SECTION 3.01 DissOLUTION. The District shall exist until dissolved in accordance
with the requirements of RCW .303.060 and .150. The refirement of debt, notice
of dissolution, and payment of creditors shall all comply with the provisions of the
state statute. The District . shall be dissolved not later than thirty days after the
date when all indebtedness of the District has been retired and when all the
District's anticipated resporisibilitfes have been satisfied.
ARTICLE IV -- POWERS; USE OF CITY RESOURCES
SECTION 4.01 PdWvis. The District shall have all the powers provided under RCW
36.73 acid Ordinanoe 6377, including "all the usual powers of a corporation for
public purposes as we[l as... the authority to hire employees, staff, and services,
to enter into contracts, to acquire, hold, and dispose of real and personal
property," to accept gifts, grants, and donations, exercise: eminent domain, and to
sue and be sued..
SECTION 4.02 USE of CITY RESOUitcas. In the event that :City staff are utilized, the
.general fund or the appropriate utility fund of the City small "be reimbursed to, but
only to the extent required by RCW 43.09.210 for local government accounting.
ARTICLE V — INDEMNIFICATION
SECTION 5.01 INDEMNIFICATION. OF AGENTS: To the extent permitted by law, the
District shall protect, defend, hold harmless.and i6derrinify any director, officer,
employee or agent.. of the District who is a party or threatened to be made a party
to a proceeding by reason related to that, person's conduct as. a director, officer,
employee or agent-of the District, against judgments, fAes, penalties, set#lements
and reasonable expenses (including reasonable attomeys' fees) incurred by him
or her in connection with such proceeding, if-such person acted in good faith and
reasonably believed his or her conduct to be in the Distriiyt's:best interests -and if,
in the case of any criminal proceedings, he or she had. no reasonable cause to
CHARTER of the AUBURN TBD
3 of 9 pages
DI.A Page 34 of 50
believe that his or her conduct'was unlawful. The indemnification and protection
provided Herein shall. not be deemed exclusive of any other rights to which a
person may be entitled as a matter,of law, by City ordinance, by contract or by
vote of the Board of Directors. ' The District may purchase and maintain
appropriate insurance covering such risks.
ARTicLEyi — BOARD AND OFFICERS
SwmoN 6.01 Boner PowERs. The Board shall govern the affairs of the District
And all. powers of the District shall be exercised by or-in the name of the Board of
Directors (the "Board "). The powers of the Board shall include, but are not limited
to, the following:
(a) To establish and _mplerbeht the policies and programs of the District,
And the procedures-for the management and administration of the District's
affairs;
(b) To appoint and remove Board officers (exceptthe Chairperson), District
agents, and District employees at the pleasure of a majority vote of the
Board, and to prescribe their respective powers and duties consistent with
the provisions hereof;
(c) To borrow money and incur indebtedness in.accordance with the Act;
(d) To provide for the investment of the District.5 funds; and
(e) Any other powers which could be exercised by the Board under State
Law or Ordinance 6377 of the City of auburn.
SECTION 6.02 BOARD Composmom The Board shall be: composed of the seven (7)
members of the Auburn City Council and the Mayor, all who shall serve in -an ex-
officio and independent capacity. The Mayor shall be a non - voting member of the
Board..
A Board. member may be removed from service on tree Board only when removed
from his or her office as a Council: Member. Any vacancy, shall be filled
automatically, and only by the appointment or election of 'a new City Council
Memlyer:
SECMON 6.03 BOARD QFRcERs.. The Board shall include two or more officers. The
;initial officers of the Board shall be the Chairperson: and the, Vice Chairperson.
The Mayor of the City of Auburn shall serve as the Chairperson. In addition to the
Ch-airpe*n and Vice Chairperson; the Board may create other Board offices by
majority vote. The Vice Chairperson and additional officers shall be elected by the
CHARTER of the AUBURN'TBD
4 of 9 pages
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Board from its membership at the first regular meeting each year, for a one -year
term, and each officer shall hold office during said one -year term and until his or
her sucxessor 'is elected. The first officers of the Board shall be elected by the
Board at its f rst, meeting. Officers may, at the discretion of the'Board, hold their
respective -offices for successive terms. No person may simultaneously hold more
than one office.
CmRpamom. The Chairperson shall serve as the ceremonial head of the
District and shall preside over all Board meetings. The Chairperson shall,
subject to the control of'the Board, exercise general supervision, direction,
and control of the business and affairs of the District Unless otherwise
required by state law, agreement, resolution, or this Charter, the
Chairperson shall have the authority to bind the District on matter approved
by the Board and execute all resolutions that the Board .has adopted. The
Chairperson's signature shall be presumptive evidence of the proper
adoption of a resolution.. Unless otherwise directed by the Board, the
Chairperson is delegated the; authority to appoint and remove persons in
th -e employ of the District -or as agents of the District; and prescribe their
duties and powers
REMOVAL FROM ONCE. Upon reasonable prior notice to all Board members
of the alleged reasons for dismissal, the Board, by an affirmative vote of
four members of the Board, may remove any officer of the Board from his or
her office, except the office of the-Chairperson, whenever in its judgment
the best interests of the District:wiil be served thereby.. An officer so
removed shall continue to serve on the Board.
SECTION 6.04 EVABUSHMENT oF_Com_M.r TEES. The Board may, by resolution,
designate from among its members one or more committees, each consisting of at
least two members, to represent the Board and, where consistent with this
Cliarteri Rules of'Procedure, Ordinance 13377, and Chapter 38.73 RCW act for
and on behalf of the Board. The designation of any such committee and the
delegation thereto of authority shall not operate to relieve any member of the
Board from any responsibility imposed by law. All final actions of the District
require a vote of the Board..
The Board may create an Advisory Committee, which shall be limited to seven (7)
merimbers, each of which shall be. , a city resident. If the Board elects to form an
Advisory Committee, the Chairperson shall nominate the number of residents to
serve on the committee that corresponds with the size of the committee
established by the Board. The:Boaro shall confirm the nominees, individually or
,1p.@ group, by resolution. If the Board does not confirm all the nominees, the
Chairperson shall nominate replaoement candidates. The Advisory Committee
shall not convene until its full membership has been confirmed.
CHARTER of the AUBURN TBD
5 of 9 pages
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SwTioh 6.05 CONFLICT OF INTEREST. Board members shall comply in all respects
with the conflict of interest guidelines :and prohibitions of. Chapter 42.23 RCW as
the same roasts or is hereafter amended.
SEcnom 6.06 TREASURER. The Treasurer of the District shall be the City's
Financial Services Director (Finance Director). The - Treasurer shall create
accounts in qualified public depositary for District funds and shall receive, faithfully
keep, and deposit.all. funds belonging to or collected'.for the use. of the District.
The Finance Director is required by the Statute to serve as Treasurer and is not
subject to removal .by the Board_.
SmmoN 6.07 LEGAL COUNSEL. The City Attomeq shall. be the legal advisor of the
Board, except.where the Board shall hire separate counsel by resolution for a
particular action, legal matter, or transaction. In addition, the'Board may, in the
event of conflict,'engage separate legal counsel'of'its choosing. Any potential
conflicts of interest- involving the- City, Attorney shall be determined and resolved by
referencw to the Rules of Professional Conduct forAttomeys, as they now exist or
-may be amended. Charges-and fees of any separate legal counsel shall be
reimbursed in accordance with Section 4.02.
SEcrroN 6.08 CLERK. The Clerk of the Board shall be the.Aubum City Clerk. The
Clerk of the Board shall serve as the Board's public records officer for purposes of
RCW 42.56.580 and shall process all-requests for public - records of the District.
SECTION 6.09 SOME. The Board Clerk sha11 be the agent of the District for
purposes of receiving service of process
ARTICLEvII — MEETINGS
SwroN 7.01 Crry COUNcrL RULES OPPROCEOURE. The Auburn City Counc-il's
Rules of Procedure, as adopted' by Resolution 5802 or av later amended, shall
govern the procedure for all Board meetings. The rules contained in this Charter
shall;supplement the rules. Where the Rules of Procedure_ and Charter provisions
conflict, the Charter provisions shall preside.
The Board Clerk shall perform all the actions and duties provided for the City Clerk
in the Rules of Procedure. The. Board Chairperson, the-Vice Chairperson, the
Board Clerk, and the Board legal counsel shall.perform the actions and duties
provided in the Rules of Procedure for the Mayor, Deputy Mayor, City Clerk, and
the City Attomey, respectively. All references to city staff in the Rules shall apply
to City of Auburn staff and those individuals shall perform the -same duties required
by the Rules for the Board. Alf references to "council .member(s)" and "council" in
CHARTER of the AUBURN TBD
6 of 9 pages
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the Rules -shall apply to the TBD Board members and the Board, respectively.
Where the Rules make reference to offices, bodies, or to state laws that do not
have any applicability to the Board and its meetings, those Rules provisions shall
be disregarded and shall have rnbibrce, including section 16 of the'Rules.
SECTION 7.02. Bowe MEETINGS. Regular Board meetings shall. be scheduled. by
the Board through a. resolution. At any regular'tneebng of the Board, any business
may be transacted and the Board may exercise all df its powers. Special Board
meetings shall be from time to time as determined necessary by a majority of
the Board or the Board Chairperson. Meetings shall occur;,whenever possible, at
the location-and on the date scheduled. for City Council meetings.
SECTioN 7.03 NOTICE OF. BOARD MEETINGs. Notice of regular and special meetings
shall be given in a manner consistent with the Open. Public Meetings Act, 42.30
RCW, a m
s-supplemented and amended. In. addition,. the District shall provide
reasonable notice of meetings to any individual specifically requesting it in writing.
SECTION 7.04 ACTION WITH LEss THAN A QUORUM. Board members present at a
duly-aarivened meeting may continue to transact. business notwithstanding the
withdrawal of enough members to leave less than a quorum; provided, any final
action shall be approved by at least three (3) members at the meeting and the final
action is later ratified by an affirmative vote of a majority of the Board members at
any regular or special meeting.
Voting by proxy shall not be,permi#ted. Electronic meetings or participation are
authorized;so long as the meeting, notice and opportunity'for public participation
comply with state law.
SECTION 7.05 OPEN Pusuc MEETINGS. Notice of meetings shall be given in a
manner consistent with-the Open Public Meetings Act, 42;.30 RCW, as sup-
plemented and amended. In addition, the District shall,provice reasonable notice
of meetings to any individual specifically requesting notice in writing.
The official newspaper for the District shall, be the newspaper adopted by the City
as its official newspaper at the time any published notice is to be given by the
District.
SECTION 7.06 PU13UC HEARINGS. The District shall hold a public hearing: (1) to
mocf0y'the boundaries of the existing district (RCW 56:73.050); (2) in the event
that a transportation improvement cast - exceeds its original cost-by more than
twenty percent as identified in a district's- original plan, to solicit co mment regarding
how the cost change should be resolved (RCW 36.73.060); (3) to dissolve the
district '(RCW 36.73.050); (4) when required by law; • or (5) as- provided in the
Rules of Procedure.
CHARTER of the AUBURNTBD
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SECTION 7.07 RosERT's RULEs of ORDER. Pursuant -to the ,Rules of Procedure,
Roberts' Rules of Order-,.as supplemented by the Rules of Procedure, shall govern
,all Board discussions. Failure of the Board to folldW the Robert's Rules of Order
will not-in itself constitute sufficient grounds for invalidating any Board action.
ARTICLE VIII — AMENDMENT TO CHARTER
SECTION 8.01 PROPOSALS To AMEND CHARTER. Any Board member may introduce
a written proposal. to amend the Charter at any regular meeting or special meeting
of the Board, provided, however, that all, amendments- stiall comply-with the
requirements and provisions of RCW 36.73 and Ordinance 6377. Amendments
shall be approved by a simple majorrty'vote of the Board members present and
voting at the meeting.
SECTION_ 8.02 BOARD CONSIDERATION OF PROPOSED AeMENOMEHTS. The Board may
vote on the proposal at the same meeting at which, the proposal is introduced if
notice of a proposal to amend the Chaiter.and information,,:including the text of the
proposed amendment-and .a statemerit.of its purpose and effect, is provided to
members of the Board fifteen- (15) days prior to any regular or special Board
meeting. If such notice and information-is provided Within 'a shorter time period,
the Board may not vote on the proposal until the next regular or special meeting
after the Board has received fifteen days notice. Amendments to the proposal
within the scope of the original proposal will be permitted at the meeting at which
the vote is taken.
SECTION 8.03 Pusuc HEARINGS. Certain amendments of the Charter may-require
action of the Auburn City Council and a public hearing pursuant to the
requirements of the Statute. No consideration of any charter. amendment may
occur until the City complies with such requirements.
ARTICLE IX — PUBLIC RECORDS INDEX; MISCELLANEOUS
SECTION 9.01 LIBERAL CONSTRuc nok AND SEvERmuTy. This Charter shall be
liberally construed to effect its purposes. If any section or part of this Charter is
yttimately ruled invalid or illegal .by a court of competent jurisdiction, such invalidity
or illegality shall not affect the remainirig sections or parts,of this Charter.
SECTION 9.02 Pua_uc RECORDS CONTACT PERSON. The. Board Clerk shall insure
that her/his name and contact information is posted as the public records contact
person-on any Website or web page that the Board may establish on the City's
webpage or other Internet location.
CHARTER of the AUBURN TBD
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SwnON 9.03. PuBuc REcoRps INDr=x. The District finds -that: 1) as a consequence of
the Districfs- lack of staff and office space, that its records. Will bd stor6d in hiultiple
loc�abont.and;;inmuftiolecbmoUtdrs�y�s,fbrmbb,-giidt6td-itabases;2 due tDthe
digitalizarfidn of records the District does not anticipate that.the I - ack of aninldex.vvill
Nndet pubfid access. to its. records.. and, 3) the District does not render opinion& staff
manuals, and planning policies. and goals. Therefore, -the District connudes that - ft- is
unduly- burdensome for the:D ' i ' s ' tri ' ct.' t6 maintain a central ind& of thia Oigeticys records.
The District orders that it-will not maintain -a current- in'd e-- x--.of :public records due to the
finding Of thd Board that establishing such an index would interfere with District
dperatio6d and is unduly burden§orne. The District shall make available fb.r public
inspection and/or copying all -publi.6- re.c.o.rds- and indexes of the District to the extent
required by RCW 42.56 or other applicable law
CHARTER of the AUBURN TBD
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ATTACHMENT 4
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Transportation Benekit Districts
Updated 04/2014
Transportation Benefit Districts
Contents
• Introduction
■ About Transportation Benefit Districts
■ Transportation Benefit District Legislation
■ Qukk View of Jurisdictions with Transportation Benefit Districts
■ List of Transportation Benefit Districts, Including Proposals
Introduction
Page 1 of 9
This page provides Information on Transportation Benefit Districts (TBD) created in Washington
State. It includes links to legislation, a quick table view of jurisdictions that have created districts,
and sample documents. An attempt is being made to fist all districts as they are being formed. If
your jurisdiction is not listed, please contact MRSC.
About Transportation Benefit Districts
Transportation Benefit Districts are quasi- municipal corporations with independent taxing authority,
including the authority to impose property taxes and impact fees for transportation purposes. RCW
36.73.020 governs formation by counties, and RCW 35.21. -225 governs formation by cities.
In 1987, the Legislature created Transportation Benefit Districts as an option for local governments
to fund transportation improvements.' In 2005, the Legislature amended the Transportation Benefit
District statute to expand its uses and revenue authority. In 2007, the Legislature amended the
Transportation Benefit District statute to authorize the imposition of vehicle fees and transportation
impact fees without a public vote. In 2010, the Legislature amended the Tra,nsportatio.n Benefit
District statute again to clarify project ei.igibility, the use of impact fees, and sales tax expenditures,
and make Transportation Benefit District governance more flexible. For an overview, see the
following items:
• Transportation_ Benefit_ Districts_(_T -BD) (M) in the Transportation Resource Manual, Joint
Transportation Committee, updated 2013
• Transportation Benefit Districts (M), Association of Washinton Cities, 02/2013
Transportation Benefit District Legislation
• Laws of 2007, ch. 329- (ES-FIB -1858) (M)
Final Bill Report (0)
• Laws of 2010 ch. 250 ESSB 6774 {)
■ Final Bill _Report ( )
• Local Transportation Benefit District Fees, Department of Licensing
• Transportation Benefit District (RCW 36.73), in Local /Regional Jurisdictions, Transportation
Resource Manual, Joint Transportation Committee, updated 2011
Quick View of Jurisdictions with Transportation Benefit Districts
Jurisdictions are listed in the table below by the year the transportation benefit district was created.
The funding source is noted as vehicle license fees or sales tax. The date the funding was first
collected is noted in parenthesis. The name of each jurisdiction is linked to related documents and
websites listed in the next section.
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Transportation Benefit Districts
Page 2 of 9
Lurisdiction J Vehicle License Fee IlSale.s Tax
Transportation Benefit Districts Passed in 2014
King County - County wide
$60 on April 2014 ballot
TBD assed 02/2014
Kirkland (Ord. passed
02/10/2014) - Has not
passed a funding provision
Transportation Benefit Districts Passed in 2.013
$0.0013 sales tax (passed,
Aberdeen
election 02/12/2013)
effective 07/01/2013
Arlin ton (Ord. passed
::]F$-0.002
sales tax (passed,
04/01/2013)
jelection 8/2013).
Covington (Ord. passed
04/09/2013) - Has not
passed funding provision
DuPont (Ord. passed
01/08/2013)
$20 (effective 09/01/2013)
Eda wood $20 effective 07 /01/2014
Enumclaw (Ord. passed
$20 (effective 09.01/2014)
05/14/2013)
Marysville (Ord. Passed
Sales tax on April 2014
12/2013)
ballot
Soap Lake $20 (Effective 11/01/2013)
Transportation Benefit Districts Passed in 2,012
113alnbridge Island
$20 (Passed 01/09/2012) effective
1E
08/01/2013
i3uckley
$20 (effective 02/01/2014)
Car666ado (Ord. passed
$20 (effective 11/01/2013)
12/17/2012)
$0.002 sales tax (passed,
Castle Rock
election 11/06/2012)
effective 04/01/2013
East Wenatchee
$20 (effective August L, 2013) _
Eatonville
$20 effective 03/01/2013
Electric City
$20 (effective 05/01/2013
Kelso
$20 (passed 12/04/2012 effective
108/01/2013
Kalama IF120
(effective 10/01/2013
Kenmore
$20 (effective 06/01/2013)
Kittitas
$20 (effective 12/01/2012)
$0.002 sales tax (passed,
Lynden
election 11/06/2012)
effective 04/01/2013
Royal City
$20 (effective 11/01/2012)
Maple Valley
$20 (effective 07/01/2013)
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Transportation Benefit Districts
mroe - Created
/24/2012 - Has not
ssed a funding provison
Page 3 of 9
0.002 sales tax (passed,
lection 02/12/2013)
ffective 07/01/2013
I_Tacoma 11$20 (effective 06/01/2013)
TOODenlsh $20 (effective 12/01/2012)
).002 sales tax (passed,
ection 04/17/2012)
20 (effective 04/01/2013
Yakima - dissolved
03/.18/2014
Transportation Benefit Districts Passed in 2o11
Auburn - Has not passed
funding provision
$0.002 sales tax (passed,
Ferndale election 02/14/2012)
20 (02/01/2012
20 (12/01/2011
111duntlake Terrace
$20 (passed 12/05/2011, effective
08/01/2012
North Bend
$0.002 sales tax (passed,
election 11/08/2011)
$20 (effective 02/01/2013 - 01/31/2015,
�rtina
fee applies to all renewals with these
registration dates, including renewals paid
after 02/31/2015
Snohomish Count - Has not
1[
passed funding provision
mull
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Transportation Benefit Districts
Page 4 of 9
Snoaual_mie $20 03/01/2011 1
Transportation Benefit Districts Passed in 2009
$20 (12/07/2011 passed, effective
Bremerton
107/01/2 012)
Burlen 10 02/01/2010
Prosser
$20 11/01/2009
Shoreline
$20 (02/01/2010)
University Place - No
funding designated
Transportation Benefit Districts Passed in 2008
Des Moines
20 09/01/2009
Edmonds
$20 09/01 /2009)
Lake Forest Park
$20 (09/01/2009)
F0 _1v m is
20 10/01/2009
Sales tax repealed
effective 10/01/2012 -
Ridgefield
$0.002 sales tax
(04/01/2009)
$0.002 sales tax
Se uim
1(04/01/2010)
Transportation Benefit Districts Passed Prior to 20o8
Liberty Lake 2002
Point Roberts, Whatcom
Special gas tax
Count 1992
$0.01% allon 1992
List of Transportation Benefit Districts, Including Proposals
Aberdeen Transportation Benefit District - Funded by sales tax
• Aberdeen Municipal Code Ch. 3.78 - Transportaton Benefit District
• Measure to impose sales tax approved at February 2013 Special Election
Arlington Transportation Benefit District - Sales Tax Funding Proposal
• Council Agenda Item Trans ortation Benefit District Formation (M) - Public Hearing and Draft
Ordinance; Ordinance passed 04/01/2013
Auburn Transportation Benefit District
• Ordinance No. 6377 (M) - Establishes a Transportation Benefit District, passed 09/19/2011
• Auburn Transportation Benefit District Resolution No. 2012 -2 (M) - Proposition submitted to
voters to authorize the issuance of general obligation bonds to pay the costs of the
transportation improvements and projects identified in the City of Auburn six -year
Transportation Improvement Plan and to establish an excess property tax levy to pay and retire
such bonds, passed 02/12/2012 - Measure Failed
• Facts About the City of Auburn Ballot Measure April 17 2012 (M) - Approval for property tax
increase to fund GO bonds
• Excer t from King County Elections Local Voter Pamphlet (M), Election 04/17/2012
Bainbridge Island Transportation Benefit District
• Ordinance No. 2012 -14 (�1=) - Creates a transportation benefit district, passed 08/22/2012
• Hearing Notice for Ordinance No. 2012 -14 - Public hearing scheduled for August 22, 2012
• Bainbridge Island Transportation Benefit District Resolution No. 2013 -01 (M) - Imposes $20
vehicle registration fee
Bellingham Transportation Benefit District - Funded by $0.002 sales tax
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Transportation Benefit Districts
Page 5 of 9
• Ordinance No. 2010 -07 -240 (M) - Establishes a Transportation Benefit District; specifying that.
the boundaries of the district will coincide with city boundaries; and specifying the
transportation improvements to be funded by the district, passed 07/2010
• Bellingham Transportation Benefit District No. 1 Resolution No. 2010 -1 (M) - Concerning a sales
and use tax to fund transportation improvements - Proposition No. 1 (11/2010 ballot)
• Bremerton Transportation Benefit District - Funded by vehicle license Fee
• Ordinance No. 5076 (M), passed 02/04/2009
• Proposal to impose an annual $30.00 vehicle fee to finance transportation improvements for a
period of three years was voted down in November 2009 general election.
• Resolution No. 005 (M) - Authorizes a $20 vehicle license fee, passed 12/07/2011
• Buckley Transportation Benefit District
• Buckley Municipal Code Ch. 13.18.- Transportation Benefit District
• Burien Transportation Benefit District - Funded by vehicle license Fee
• Ordinance No. 516 (M) - Creates transportation benefit district (TBD), and provides for election
to pass a $30 vehicle license fee, passed 07/20/2009
• Vehicle license fee of $30 voted down at November 2009 election.
• Vehicle license Fee of $10
• Carbonado Transportation Benefit.District
• Carbonado Ordinance No. 392 (M) - Establishes a transportation benefit district; add ch. 3.60 to
the Carbonado Municipal Code, passed I'2/17/2012
• Castle Rock Trans ortation Benefit District - Funded by sales tax - Election 11/06/2012
• Ordinance 2012 -03, establishes a transportation benefit district (TBD), passed 07/23/2012
• Covington Transportation Benefit District
• COrdinance No. 02 -13 - Creates a transportation benefit district (TBD); adds ch.12.125 to
municipal code, passed 04/09/2012
• Des Moines Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 1147���I), passed 11/20/2008
• Rules of Procedure ( )
• Des Moines Transportation Benefit District Board Resolution No. 0001.TBD (M), passed 12/2008
• DuPont Transportation Benefit District
• Ordinance No. 13 -948 (M), passed 01/08/2013
• Board Meeting March 26 2013 Agenda - Inclu_des ILA with Department of Licensing, and Budget
• Eatonville Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 2012 -6 (-) - Establishes a transportation benefit district; Ch. 3.22 Eatonville
Municipal Code, passed 06/26/2012
• Edgewood Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 13 -0408 (M) - Establishes a Transportation Benefit District, passed 11/26/2013
• Electric City Transportation Benefit District - Funded by vehicle license fee
• Electric City Ordinance No. 2012 , passed October 9, 2012
• Enumclaw Transportation Benefit District
• Ordinance.No. 2524 (M)- Establishes a transportation benefit district; adds ch. 3.22 to
municipal code, Enumclaw Transportation District, passed 05/14/2013
• Edmonds Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 3707 ( -_), passed 11/18/2008
• Resolution No. 1181 O - Sets public hearing date for Transportation Benefit District, passed
10//21/2008
• Staff Report (M), 11/13/2008
• Transportation Benefit District Presentation (M), 11/18/2008
• Edmonds Transportation Benefit District Ordinance 'No. 2 (M) - Proposal to raise vehicle license
fee by $40; measure was defeated at the November 2010 general election, passed 08/2010
■ Ferndale Transportation Benefit District - Funded by 0.002% Sales Tax, passed 02/14/2012
■ Grandview Transportation Benefit District - Funded by vehicle License Fee - Includes documents
■ Kelso Transportation Benefitbistrict - Funded by vehicle license fee
• Kelso Municipal Code Ch. 3.65 - Kelso Transportation Benefit District
• Council Agenda Summary {) - Creating the Transportation Benefit District, Meeting of
11/20/2012
• Kelso Transportation Benefit Agenda Summary Establishing a $20 Motor Vehicle License
Fee, Meeting of 12/04/2012
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Transportation Benefit Districts
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■ Kenmore Transportation Benefit District
• Ordinance No. 12 -0339 (t]), passed 04/14/2012
■ King County Transportation Benefit District
• Ordinance No. 16742 (M) - Created a Transportation Benefit District in unincorporated King
County, passed 01/04/2010
• Notice of Public Hearing Draft Ordinance No. 2014 -0067 - Re: dissolving the King County
transportation benefit district created under Ordinance 16742; and repealing Ordinance No.
16742
• King County Ordinance No. 17754 (2) - Repealed Ordinance No. 16742 and dissolved the
Transportation Benefit District in unincorporated King County, passed 02/18/2014
• Notice of Public Hearing, Draft Ordinance 2013 -0526 and 2013 -0527 - Re: creating a County-
wide transportation benefit district
• King County Ordinance No. 17746 {) - Creates a countywide transportation benefit district as
authorized by chapter 36.73 RCNI, passed 02/10/2014
• Kittitas Transportation Benefit District
• Kittitas Municipal Code Ch. 3.30 - Kittitas Transportation BEnefit District
• Kirkland Transportation Benefit District
• Ordinance 0 -4435 (M) - Establishes the Kirkland Transportation Benefit District, passed
02/10/2013
• Lake Forest Park Transportation Benefit District - Funded by vehicle license fee, passed
02/10/2014
• Lake Forest Park Ordinance No. 983 (M), passed 10/23/2008 - Excerpt from Lake Forest Park
Council Packet, 10/09/2008, re: Transportation Benefit District
■ Leavenworth Transportation Benefit District - Funded by $0.002 sales tax - Page provides
document links
• Leavenworth Municipal Code Ch, 3.92 - Creates a Transportation Benefit District, passed
07/2010
• Liberty Lake Transportation Benefit District
• Ordinance No. 82 (M), passed 2002
• Longview Transportation Benefit District Proposed
• Resolution Authorizing Advisory Vote - Transportation Benefit District - Link to legislative files
containing; legislative file text, resolution and attorney's memo re: advisory vote for TBD Nov
2012 ballot, 08/06/2012
• Voters were not in favor of creating a TBD - Yes: 27.35% No; 72.65% 14,332 votes / 17653
registered voters
■ Lynden Transportation Benefit District - Funded by sales tax - Election 11/06/2012
• Ordinance No, 1423 (M) - Establishes a Transportation Benefit District, passed 07/16/2012
• November (2012) Election Voter Handout (M) - Transportation Benefit District - Sales tax
proposal
• Lynnwood Trans ortation Benefit District - Funded by vehicle license fee
• Ordinance No, 2837 - Establishes a Transportation Benefit District, passed 05/2010
• Mabton Transportation Benefit District - Vehicle license fee
• Ordinance No. 954 (M) - Establishes a Transportation Benefit District; adds Ch. 3.30 to the
Mabton City Code, passed 12/23/2010
• Ordinance No. 955 (M) - Imposes a $20 vehicle licensing fee, passed 01/11/2011
■ Maple Valley Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 516 - Establishes a Transportation Benefit District; adds Ch. 12.35 to the Mapie
Valley Municipal Code, passed 11/26/12
• Resolution No. R -12 -002 TSD - Interloc_al agreement with city of Maple Valley, 12/10/2012
■ Marysville Transportation Benefit District
• Monroe Transportation Benefit District
■ Mountlake Terrace Transportation Benefit District - Funded by vehicle license fee
• Mountlake Terrace Ordinance No. 2584 (�.) - Establishes a Transportation Benefit District, adds
Ch. 3.85 to the Mountlake Terrace Municipal Code, passed 12/05/2011
• Mountlake Terrace Transportation Benefit District Ordinance No. 1 (M) - Authorizes a $20
vehicle license fee, passed 01/03/2012
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Transportation Benefit Districts
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• North Bend Transportation Benefit District No. 1 - Created 3uly 19, 2011 - Proposition to voters to
increase sales tax two tenths of one percent (0.002) in the November 2011 General Election.
Measure passed: Yes 60.53%, No 39.47%
• Olympia Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 6611 (M), passed 12/16/2008
• Ch'artd (M)
• Ordina'nce No. TBD -1, passed 03/2009
• Orting Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 920 (M) - Establishes the Orting Transportation Benefit District, passed
11/30/2011
• Point Roberts (Whatcom County) Transportation Benefit District - Funded by $0.01 gas tax
available to border towns
• Whatcom County Resolution No. 91- 036(M) - Sets hearing on proposed Point Roberts
Transportation Benefit District, passed 06L11/1991
• Whatcom County Ordinance No. 91 -043 (M) - Creates Point Roberts Transportation Benefit
District, passed 07/09/1991
• Whatcom County Resolution No. 91 -059 (M) - Proposition to voters to impose gas tax on the
retail sale of fuel within the Point Roberts Transportation Benefit District, passed 08/13/1991
• Whatcom County Resolution No. 92 -002 (M) - Adopts gas tax on the retail sale of fuel within the
Point Roberts Transportation Benefit District, passed 01/07/1992
• Whatcom County Resolution No. 92- 0130) - Establishes bylaws for governing body of the Point
Roberts Transportation Benefit District, passed 01/28/1992
• Prosser Transportation Benefit District - Funded by vehicle license fee
• Prosser Municipal Code Ch. 3.90, passed 01/20/2009 - Tra.nsportation Benefit District
• Ridgefield Transportation Benefit District - f=unding by sales tax repealed
• Ordinance No. 998 (M) - Creates Transportation Benefit District, passed 06/26/2008
• The TBD sales tax of $0.002 was repealed, effective October 1, 2012. The tax Was replaced by a
two - tenths of one percent (.002) the sales and use tax increase within the Clark County Public
Transportation Benefit Area (PTBA) for transportation purposes, effective April 1, 2012.
• Royal City Transportation Benefit District
- Royal City Municipal Code Ch. 3.30 - Transportation Benefit District
• Seattle Trans ortation Benefit District - Funded by vehicle license fee
• Ordinance No. 123397 - Creates a Transportation Benefit District, passed 09/2010
• Charter �. }
Bylaw
• Seattle Transportation Benefit District Resolution No. 1 () - Authorizing a $20 vehicle lice_ nse
fee pursuant to RCW 36,73.065
• Proposition No. 1 - A measure to authorize a $60 increase in the Vehicle License Fee beginning
in 2012, at the November 2011 General Election (Measure failed: Yes 43.88%, No 56.12 %)
• Se uim Trans ortation Benefit District - Funded by $0.002 sales tax
• Sequim Municipal Code Ch. 2.70 - Transportation Benefit District
• Proposition 1 (M) - The sales and use tax levy for the Transportation Benefit District did not
pass, 11/05/2008 (Yes 49.08%, No 50.92 11/0)
• Sequim Transportation Benefit District Resolution No. 2009 -10 (M), passed 07/2009 - Sales and
use tax levy proposition
• Shoreline Transportation Benefit District - Funded by vehicle license fee
• Ordinance No. 550 (t-11), passed 06/22/2009
• Snohomish Transportation Benefit District - Includes documents
• Snohomish Municipal Code Ch. 12.52 - Transportation Benefit District (Ordinance N0,2197,
passed 09/2010)
• Snohomish County Transportation Benefit District
• Ordinance No. 10 -103 (M) - Establishes a Transportation Benefit District, passed 07/13/2011
• Snoqualmie Transportation Benefit District - Funded by vehicle license fee
• News Release, 06/15/2010
• Ordinance No. 1061 (�i=), passed 06/14/2010
Agenda(M) for meeting of August 9, 2010 and Transportation Benefit District Draft Agenda Bills:
AB 10 -001 M) - Resolution No, 001, approving Charter; AB 10 -002 (M) - Resolution No. 002,
approving bylaws; AB 10 -003 (2) setting a hearing date on $20 license fee; AB 10 -004 (M)
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setting a hearing date on Transportation Benefit District projects; AB 10-005 (M) - Resolution
No. 003, adopting the $20 license Fee; AB -10 -006 (�) - Resolution No. 04, approving Interlocal
agreement between Transportation Benefit District and the Washington State Department of
Licensing; AB 10 -007 �} - Resolution No. 005, approving certain transportation improvement
projects; AB 10 -008 (�) - Resolution No. 006, approving iriterlocal agreement between
Transportation Benefit District and city, for city to provide staff support; AB 10 -009 (M) -
Resolution 007, approving a material change policy; and AB 10 -010 (M), approving appendix
No. 88 -10 of interlocal agreement creating the Washington Cities Insurance Authority wherein
Transportation Benefit District agrees to be bound by that agreement.
• Spokane Transportation Benefit District
Spokane Municipal Code Ch. 08.16 - Transportation Benefit District
• Spokane County Regional Trans ortation Benefit District (Proposed)
• Draft Interlocal Agreement (M), Washington State Department of Transportation
• Stanwood Transportation Benefit District - Funded by sales tax
• Ordinance No. 1328 (-) - Establishes a Transportation Benefit District, passed 11/19/2012
• Tacoma Transportation Benefit District
• Tacoma Municipal Code Ch. 10.28 (M) - Transportation Benefit District
• Transportation Benefit District G.o.verning Board Meeting Archive
• Toppenish Transportation Benefit District
• Ordinance No. 2012 -2 (M) - Establishes a Transportation Benefit District, passed 03/26/2012
• University Place Transportation Benefit District
• Ordinance No. 562 Establishes a Transportation Benefit District, passed 12/07/2009
• Waitsburg Transportation Benefit District - Funded by sales tax
• Ordinance No. 2012 -994 (M) - Establishes a Transportation Benefit District, passed 02/15/2012
• Waitsbu'rg Transportation Benefit District Resolution No. 2012 -593 (M) - Calls for election April
17, 2012 to authorize a sales and use tax of 0.001 %, passed 02/15/2012
• Walla Walla Transportation Benefit District - Funded by Sales Tax
• Ordinance No. 2011 -19 (M) - Establishes a Transportation Benefit District, passed 11/02/2011
• Walla Walla Transportation Benefit District Resolution No. 2011 -04 A - Calls for a special
election and provides a ballot proposition to be submitted to the qualified electors of the district
on February 14, 2012 to authorize a sales and use tax of 0.02% for a period of 10 years, passed
12/04/2011
• Wapato Transportation Benefit District - Funded by motor vehicle licence fee
• Wenatchee Trans ortation Benefit District - Includes bylaws, ordinances and resolutions - Funded
by vehicle license fee
• Ordinance No. 2011 -60 (M) - Establishes a Transportation Benefit District, passed 12/15/2011
• Woodland Transportation Benefit District - Proposed ordinance tabled by the city council until
January 2012
• Yakima Transportation Benefit District - Dissolved 03/1.8/2014
• Notice of Hearing to Dissolve Transportation Benefit District, 03/18/2014
• Ordinance No 1014 -006 } - Dissolves the Transportation Benefit District, 3/18/2014
• Ordinance No. 2012 -12 (•) - Establishes a Transportation Benefit District, passed 03/20/2012 -
Replaces Ordinance No. 2012 -08
• Ordinance No. 2012 -08 - Establishes a Transportation Benefit District, passed 02/07/2012
• Notice of Public Hearing (n), 01/11/2012 - Creation of Transportation Benefit District
• Yakima County conducted an advisory vote November 2007; based on the vote, the county did
not form the Transportation Benefit District
• Zillah Transportation Benefit District
• Ordinance No. 1282 (M) - Establishes a Transportation Benefit District, passed 11/07/2011
1. Historical Note: Prior to the 2007 legislation, only three Transportation Benefit Districts had been
formed - Fords Prairie (Centralia and Lewis County) in 1993, Point Roberts (Whatcom County) in
1992, and Liberty Lake in Spokane County in 2002. Fords Prairie was dissolved after two attempts to
obtain voter approval of the funding package. Funding was approved by the majority of the voters,
but the requirement of a three- fifths majority was not met. See history in Transportation Benefit
DI.A Page 49 of 50
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Districts Analysis and Report (M), Washington State Department of Transportation, 1998, and
Centralia Transportation Benefit District Ordinances (M).
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