HomeMy WebLinkAbout5263 RESOLUTION NO. 5 2 6 3
A RESOLUTION OF THE GITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON APPROVING AN INTERLOCAL
AGREEMENT WITH THE AUBURN TRANSPORTATION
BENEFIT DISTRICT TO COORDINATE INDIVIDUAL, JOINT
AND MUTUAL RIGHTS AND OBLIGATIONS PERTAINING
TO THE OPERATION, MAINTENANGE, CONSTRUCTION
AND RECONSTRUCTION OF PUBLIC TRAtVSPORTATION
INFRASTRUCTURE WITHIN THE BOUNDARIES OF THE
CITY OF AUBURN AND THE AUBURN TRANSPORTATION
BENEFIT DISTRICT
WHEREAS, Chapter 39.34 RCW (Interiocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling cooperation
on the basis of mutual advantage; and
WHEREAS, the City of Auburn is empowered to operate, maintain, construct, and
reconstruct, public transportation infrastructure within its city limits in accordance wi#h the
powers granted pu�suant to RCW 35A.11.020 and Chapter 35A;47 RCW; and
WHEREAS, pursuant to Ordinance No. 6377, the City of Auburn established the
Auburn Transportation Benefit District on September 19, 2011 and authorized funding for
a."ny purpose allowed by law including to operate the District and to make transportation
improvements consistent with existing state, regional, and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels pursuanfi to Chapter
36.73 RCW; and
WHEREAS, pursuant to Resolution No. 2016-01 passed by the Auburn
Transportation Benefit District on December 13, 2016, there is a $20.00 vehicle license
fee established within the boundaries of the Auburn Transportation Benefit District; and
WHEREAS, the City of Auburn and the Auburn Transportation Benefit District
desire to better coordinate their efforts in order to pursue their individual, joint and mutual
rights and obligations to fulfill the intent of Ordinance No. 6377; and
WHEREAS, the City Council finds it to be in the best interest of the District to enter
into an interlocal agreement pursuant to Chapter 39.34 RCW(Interlocal Cooperation Act)
for the purpose of coordinating individual, joint and mufual rights and obligations
pertaining to the operation, maintenance, construction and reconstruction of public
Resolution No. 5263
December 13, 2016
Page 1
infrastructure within the boundaries of the Auburn Transportation Benefit District and the
City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Mayor is authorized to execute an Interlocal Agreement in
substantial conformity with Exhibit"A"attached herein with the Auburn Transportation
Benefit District for the purpose of coordinating individual, joint and mutual rights and
obligations pertaining to the operation, maintenance, construction and reconstruetion
of public infrastructure within the boundaries of the Auburn Transportation Benefit
District and the City of Auburn.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation;
Section_3. This Resolution shall be in full force and effect upon passage and
signatures hereon.
�i /'��%C°Gh��2/v ,
SIGNED and DATED this /1`�— day of 2016
CITY OF AUBURN
t
N NCY BA U , Mayor
ATTEST:
�
Danielle E. Daskam, City Clerk
APP OV D AS T RM:
Daniel B. Hei , City Attorney
Resolution No. 5263
December 13, 2016
Page 2
AN IIVTERLOCAL AGREEMENT BETWEEN
CITY OF AUBU92N, WASHINGTON, AND
THE AUBURId TRANSPORTATION BENEFIT DISTRICT
This Agreement befinreen the City of Aubum, Washington ("AUBURN'`), and #he Auburn
Transportation Benefit District ("TBD"), each of whom is organized as a Municipal
Corporation under the laws of the State of Washington, is dated this /9✓day
of1��'c�a� 201,�
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to
cooperate for the basis of mutual advantage; and
WHEREAS, AUBURN is empowered to operate, maintain, construct, and
reconstruct, public street infrastructure within its city limits in accordance with the
powers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pursuant to Ordinance No. 6377, AUBURN established the TBD and
authorized funding for any purpose allowed by law including to operate the District and
to make transportation improvements consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion
levels pursuant to Chapter 36.73 RCW; and
WHEREAS, pursuant to Resolution No. 2016-01, the TBD has authorized a
$20.00 vehicle license fee; and
WHEREAS, AUBURN and the TBD desire to better coordinate their efforts in
order to pursue their individual, joint and mutual rights and obligations to fulfill the intent
of Ordinance No. 6377.
NOW, THEREFORE, the parties have entered into this agreement in
consideration of the mutual benefits to be derived and to coordinate their efforts through
the strueture provided by the Interloeal Cooperation Act.
Page 1 of 6
1. Purpose and Interpretation. AUBURN is empowered by Chapter 35A RCW to
construct, reconstruct, maintain and preserve City streets and other related public
infrastructure either by contract or through the use of City forces. The TBD has been
constituted in accordance with state law to provide a source of funding for transportation
improvements within the City limits of AUBURN. The TBD has no employees and its
officers are either City Council Members serving in an ex officio capacity or are City
employees designated to serve under the provisions of state law. In order to make the
most efficient use of public monies, to avoid duplication of effort and to coordinate their
efforts, the parties have entered into this agreement. In the event of ambiguity or the
need for guidance arises, this agreement shall be interpreted in accordance with
Chapter 36.73 RCW, the Charter of the TBD and the provisions of the Governmental
Aceounting Act and RCW 43.09.210 as the same exists or shall hereafter be amended.
In the event that any provision of this agreement is held to be in conflict with existing
state statute or any future amendment thereof, such provisions shall be severable, and
the remaining provisions of this agreement shall remain in full force and effect.
2. Obligations of the TBD. In accordance with the requirements of Chapter 36.73
RCW, Ordinance No. 6377 and the Charter of the Auburn Transportation Benefit
District, the TBD agrees to:
2.1 Provide to AUBURN all funding received from any and all lawful sources
which the TBD in its sole discretion may levy for the purpose of completing the
TBD's authorized projects.
2.2 Continue the annual provision of funding for the projects approved by the
TBD, so long as the TBD remains in existence. Such funding shall be in
accordance with and limited by the provisions of Ordinance No. 6377, the
Charter of the TBD and Chapter 36.73 RCW. By way of illustration and not
limitation:
Page 2 of 6
2.2.1 The TBD shall hold public hearings as required by its charter prior to
levying any charge, tax or fee and shall levy any charge, tax or fee only in accordance
with law and ordinance.
2.2.2 Develop an annual work plan and designate projects within its jurisdiction
#or#unding.
2:2.3 Pursuant to a material change policy adopted pursuant to the
requirements of RC1N 36.73.160, the TBD shall consider at a minimum the impaets and
appropriate remedies if transportation improvements contained in its annual plan
exceed its original cost by more than finrenty (20) percent. The TBD shall consider the
input from public hearings and other sources as it determines how such cost changes
should be resolved. The obligations of this agreement shall be interpreted and applied
in a manner consistent with adopted poliey.
3. Undertakinqs of AUBURN. AUBURN shall:
3.1 Provide all staff and necessary related support to the TBD. The costs of
such support shall be accounted for as a part of AUBURN's annual report to the TBD.
TBD funding shall first be applied to the reasonable charges incurred in establishing and
staffing the TBD. Annual services provided may include the services provided by the
City Attorney's Office, the City Clerk when serving as the Clerk of the TBD, the City's
Finance Director when serving as its Treasurer, and other employees of AUBURN that
serve the TBD and any associated costs, including but not limited to the preparation of
an annual work plan, reporting, advertising, professional services, design, contracting,
construction management, accounting, and any and all other actual charges or agreed
upon percentage of charges associated with the proper application of TBD funding in
accordance with law and ordinance. In consideration of the benefits derived by
AUBURN, overhead charges such as utilities, information technology, office supplies,
and equ.ipment shall be a contribution of AUBURN to the parties' joint goals and
objectives and need not be directly charged back to the TBD.
Page 3 of 6
3,2 Maintain for the period established by the State Archivist retention
schedule, financial records, kept in accordance with generally accepted accounting
practice and governmental accounting requirements, as necessary to document that
any and all funding received through the TBD is used only for the projects authorized in
accordance with law and ordinance.
3.3 Immediately alert the TBD of any material changes in scope; schedule or
cost increases of 20% or greater to improvements funded in part or whole with TBD
funds.
3.4 Utilize fwnding provided for projects shown on the TBD's annual work plan
in accordance with the TBD's material charge policy, law, and ordinance.
4. Ownership. Streets and related transportation infrastructure preserved and
maintained with TBD funds are and shall remain the property of AUBURN. No joint
property ownership is contemplated under the terms of this agreement.
5. No Joint Board. No provision is made for a joint board, The TBD shall exercise ifs
function in accordance with its charter, using staff as provided by AUBURN,
pursuant law and to this agreement.
6. Insurance; Indemnitv.
6.1 The parties agree to participate in the Washington Cities Insurance
Authority (WCIA) insurance pool in accord with their respective interlocal
agreements with the WCIA. The original charge or premium for the TBD will be
borne by AUBURN as a cost to be covered under Section 3.1 and shall be paid for
with funds received from or through the TBD. In the eyent that either or both cease
to participate in the WCIA pool, the pa_rty or parties agree to obtain comparable
coverage.
6.2 Each party agrees to defend, indemnify and hold harmless the other party,
its officers, officials, agents, volunteers and employees from any and all claims,
injuries, damages, losses or suits including attorney fees, arising from or out of the
Page 4 of 6 ,
other party's negligent, tortious or illegal actions under this agreement. In the case
of negligence of both parties, any defense costs and damages allowed shall be
levied in proportion to the percentage attributable to each party, and each party shall
have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party.
7. Termination. This agreement shall terminate or expire as follows:
7.1 This agreement may be terminated by either party upon the provision of
one hundred and eighty (180) calendar days notice. A final reconciliation of costs,
payment, and a current report of completed activities shall be completed by AUBURN
within such period following the notice by either party.
7.2 Unless sooner terminated by either party, this agreement shall expire on
the date when the District is automatically dissolved in accordance with provisions of
36.73 RCW and Ordinance No. 6377, as the same exists or is hereafter amended.
8. Effective_ Date. This agreement shall be effective upon the last authorizing signature
affixed hereto and when listed by subject on AUBURN's website or other
electronically retrievable public source as required by RCW 39.34.040.
9. 1Naiver of.Counsel Conflict. Although the interests of the City of Auburn and the
Auburn Transportation Benefit District in this matter are generally consistent, it is
recognized and understood that differences may exist or become evident during the
course of our representation. No#withstanding these possibilities, the City of Auburn
and the Auburn Transportation Benefit District, have determined that it is in their
individual and mutual interests to have a single legal counsel represent them jointly
in connection with this Interlocal Agreement. Accordingly, this confirms agreement of
the City of Auburn and the Auburn Transportation Benefit District that Daniel B. Heid
may represent them jointly in connection with the above-described matter. This will
also con�rm that the C:ity of Auburn and the Auburn Transportation Benefit District
have each agreed to waive any conflict of interest arising out of, and that each will
Page 5 of 6
not object to, representation by Daniel B. Heid of each other in the matter described
herei.n. It is further understood and agreed that Daniel B. Heid may freely convey
neeessary information provided to him by either City of Auburn or the Auburn
Transportation Benefit District, and that there will be no secrets as between City of
Aubum and the Aubum Transportation Benefit District unless both expressly agree
to the contrary:
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above.
CITY OF AUBURN AUBURN TRANSPORTATION
BENEFIT DISTRICT
�
ancy Ba s, Mayor IV ncy Bac s, TBD Chairperson
APPR D AS TO FO M•
Da el B. Hei r City of Aubum and
the Auburn Transportation Benefit District
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