HomeMy WebLinkAbout6377 ORDINANCE NO. 6 3 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ESTABLISHING A
TRANSRORTATION BENEFIT DISTRICT WITHIN. THE
CORPORATE LIMITS OF THE CITY OF AUBURN,
SPECIFYING THE MAINTENANCE AND PRESERVATION
OF EXISTING TRANSPORTATION IMPROVEMENTS,
PROVIDING FOR ADDITIONAL TRANSPORTATION
IMPROVEMENTS AND CREATINGA NEW CHAPTER 3.23
OF THE AUBURN CITY CODE ENTITLED "AUBURN
TRANSPORTATION BENEFIT DISTRICT"
WHEREAS, the City of Aubum has responsibility, to the extent of its resources,
for the improvement, maintenance, and protection of public ways within the corporate
limits of the Ciry; and
WHEREAS; the improvement, maintenance, and protection and operation of
public ways requires providing necessary transportation improvements and preserving
existing transportation improvements to ayoid 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
2007-2026" 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 fhan existing system preservation — keeping the
physical infrastructure in safe and effcient operating 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. 6377 -
September 12, 2011
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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 fransportation 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
difficuft 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.C'ity of Auburn; and
WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation
benefit districts and for the levying of additional reyenue 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 35.21225 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 Aubum as the boundaries currently exist or are hereafter
ezpanded due to annexation; and
WHEREAS, the City, after giving proper notice, conducted a public hearing on
September 19, 2011 and took public comment regarding th'e proposed establishment of
a Transportation Benefd 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 35.21.295`and 36.73 RCW.
SECTION 2. Findings. The City Council finds it is in the public interest to
form a Transportation Benefd District to provide adequate levels of funding for
transportation improvements that are oonsistent with existing state, regional and local
Ordinance No. 6377
September 12, 2011
Page 2 of6
transportation plans and are necessitated by 'existing or reasonably foreseeable
congestion leveis, as provided in Chapter 36J3 RCW.
The Cit�r 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 term investments in its infrastructure, reduce the risk of transportation facility
failure, improye safe4y; continue optimal perFormance of the i�rastructure over time,
and avoid more expensive infrastructure replacements in the future.
The Ciry Council further finds that the City's six-year (2011-2016) Transportation
Improvement Program shall be annually updated to idenfrfy projects that constitute
transportation improyements 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 Transportation
Improvement Program constitute transportation improvements and shall be "TBD
Projects," until such time as the City obtains and can sustain an ayerage system wide
pavement condition rating ofi80 within the City's Arterial Street System.
SECTION 3. A new chapter, Chapter 3.23 of the Aubum City Code entitled
"Transportation Benefd District," is hereby created to read as follows:
Chapter 3.23
Transportation Benefit District
Sections:
3.23.010 Transportation Benefrt District Established.
3.23.020 GoVeming Board.
3.23.030 Au4hority of the District.
3.23.040 Use of Funds. .
3.23.050 Dissolution of District:
3.23.060 Liberal Construction.
3.23.010 Transportation Benefit District Established.
There is created a fransportation benefd districf to be known as the Aubum
Transportation Benefit District or "gistrict" with geographical boundaries comprised of
the corporate lim�s of the City as they currently exist or as they may exist following
future annexations.
Ordinance No. 6377
September 12, 2011
Page 3 of 6
3.23.020 Governing Board.
A. The goveming board of the Transportation Benefd 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. TBD Board actions shall be taken in the same manner and
follow the same procedure as for the adoption of City Council resolutions. Meetings of '
_ , the TBD Board shall, whenever possible, take place on the same dates scheduled for i
City Council meetings.
C. The Mayor shall serve as the chair of the TBD Board and shall preside
over all meetings of the TBD Board.
D. Aubum City Attomey will serve as legal advisor to the TBD Board, except
where separate counsel is engaged by the TBD or the City Attomey 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, pu[suant to the
�
requirements set forth in RCW 36.73.160(1). '
G. The BoaM shall issue an annual report, pursuant to the requirements of '
RCW 36.73.160(2). '
H. The Board may authonze an Advisory Committee, consisting of up to �
seven (7) city residents who are stakeholders in the city's arterial system, to advise the
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. �
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3eptembec 12, 2011
Page 4 of 6
3.23.040 Use of Funds.
The funds generated by the Transportation BenefR District may be used for any
purpose allowed by law including to operate the District and to make transportatiom
improv.ements 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 RCV1l. The transportation improvements funded by the
district shall be made in an effort to protect the City's long term investments in its
infrastructure, to reduce the risk of transportation facifity failure, to improve safety, to
continue optimal performance of t_he.infrastructure over time, to avoid more expensive
infrastructure replacements in the future and to improve modal connectivity within the
City of Auburn. AddiUonal transportation improvement projects ofi the disfict may be
funded only after compliance with the provisions of RCW 36.73.050(2).
3.23.050 Dissolution of District
The Transportation Benefit D'istrict shall be automatically dissolved, pursuant to
the procedures setforth in chapter 36:73 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 uncoristitutional or invalid, 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 1 9 20fl
Ordinance No. 6377
September 12, 2011
Page 5 of 6
PASSED: SEP 1 9 2011
APPROVED: SEP 18 2011
CI OF URN
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PETER . LEW , MAYOR
ATTEST:
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Danielle E. Daskam, City Clerk.
APP ED TO FORM:
niel B. He , City Attome
Published:���n� 22, � ��
Ordinance No. 6377
September 12, 2011
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