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HomeMy WebLinkAbout02-21-2012 AUBURN TRANSPORTATION BENEFIT DISTRICT MEETING 'AGENDA FEBRUARY 21, 2012 7:00 PM I. CALL TO ORDER A. flag Salute B. RoII Call C. Announcements . D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS 8 CORRESPONDENCE A. Pubiic Hearings No public hearing is scheduled for this evening. B. Audience Participation This is fhe place on the agenda where the pu6lic is invited to speak to the Boarcl on any issue. C. Correspondence There is no correspondence for review. 111. UNFINISHED BUSINESS There is no unfinished business. IV. NEW BUSINESS There is no new business.. V.. RESOLUTIONS A. Resolution No. 2072-1 A Resolution of the Auburn Transportation Benefit District; approving the Charter of the District (ACTION REQUESTED: The Board adopt Resolution No. 2012- 1.) Aubum TransooRatfon Benefit DistNet Meetina Aaenda Februarv 21.2012 B. Resolution No. 2012-2 A Resolution of the Aubum Transportation Benefit District, providing for the submission to the qualified electors of�the District at a speoial election to be held thereon on April 17, 2012 of a proposition authorizing the district to issue its general obligation bonds for the purpose of financing transportation improvements in the aggregate principal amount not to exceed $59;000,000 payable by annual property tax levies to be made in excess of regular property tax levies, and to levy those excess property taxes, antl to provide for other matters relating thereto (ACTION REQUESTED: The Board adopt Resoludon No. 2012- 2.) VI. ADJOURNMENT •Denotes attachments included in agenda packet. AUBURN TRANSPORTATION BENEFIT DISTRICT , AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No.2012-1 Date: February 16, 2012 Department: Attac_hmeirts: Resolution No. 2012-1 Budget Impact: &Aubum Ordinance No. 6377 Administrative Recommendatfon: The Board adopt ResoluUon No. 2012-1. Background Summary: The City of Aubum created the Aubum Transportation Benefit District (TBD) on September 19, 2011. According to state statute, the City Council members comprise the board of 4he District: The City ordinance creatlng ttie TBD states that this board will be govemed by the procedural rules applicable to meetings of the City Council. Beyond these, there are currently no other rules to govem tfie board's organizafion and conduct. Resolution No: 2012-1 proposes the adoption of a ctiarter that contains operational.rules and an organizadonal structure for the board. Meatin Date: 2/21/12 Staff:. Dennis Dowd JDou Ruth Item Number. V.A __ AUBURN TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO. 2012-1 , A RESOLUTION OF THE AUBURPI TRANSPORTATION BENEFIT DISTRICT, APPROVING THE CHARTER OF THE DISTRICT WHEREAS, the City of Auburn adopted Ordinance No. 6377 on September 19, 2011� authoriiing the establishment of the Aubum Transportation Benefit, District pursuant to chapter 36.73 RCW, and WHEREAS, the Board of the Auburn Transportation District finds that it would promo.te oMerly conduct of the DistricYs business to adopt a charter, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT,WASHINGTON, as follows: The Gharter of the Aubum Transportation Benefit District in the form attached hereto as Exhibit A is hereby approved and adopted. PASSED this_day of , 2012. Nancy Backus, TBD Board Member John Holman, TBD Board Member Wayne Osbome, TBD Board Member John Partridge, TBD Board Member Bill Peloza, TBD Board Membe� Rich Wagner, TBD Board Member Largo Wales, TBD Board Member � Resolution No. 2012-1 • February 15, 2012 ' \ ATTEST: Danielle E. Daskam Secretary to the Board APP OVED TO FORM aniel ei ` City Attomey � Resolution No. 2012-1 • February 15, 2012 CHAR�EIZ of the AUBURN TRANSPORTATION BENEFIT DISTRICT CHARTER of the AUBURN TBD 1 of 9 pages CHARTE.R of the AUBURN TRANSPORTATION BENEFIT DISTRICT This Charter is adopted pursuant-to City of Aubum Ordinance 6377, which is the enabling legislation for the Au6um Transporta4iorr Benefd District. The District was created;pursuant to RCW 36.73. According to OMinance 6377, the DistricYs boundaries are coextensive with the corporate boundaries of the City of Aubum and its goveming body is the city council, but the District is 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 govem the actions and proceedings of the Transportation Benefit District. ARTICLE I — NAME SECTION 1.01 —Nasne. The name of the Transportation Benefd:District shall be the "Aubum Transportation Benefd District." ARTICLE II — LIABILITY SECTION Z.01 LIMITATIONS ON LIABILITY. All debtS, liability and other obligations incurred _.. by the Dist�ict shall be safisfied (a) in the case of Obligations which, bytheirterms, are not payable from a special orlimited source of funds, exclusively fromthe revenues, ;assets, and propertie.s of the District, and (b) in.the case of Obligations which, by their terms, are payable from a special or limited source of funds, exclusively from such revenues, assets,ancJ properties of the DistricYas shall bespec�cally pledged thereto or otheiwise 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 061igations, or otherinrise on account of or with respect to any acts or omissions of the District or its officeis, employees or agents. SecT�oN 2.02 MANDAroRV DisCU►iMeRS. A disclaimer in substantially the following#orm shall 6e posted in a prominent place accessible to the public in 4he District's principal offce, which shall be the Aubum City Hall. It shall also be printed or stamped on all contracts, bonds, and otherdocuments that evidence or create any Obligation which, by its terms,is not payable from a special or limited source of funds. The Auburn Transportation Benefit District is a Transportation Benefit District established pursuant to Ordinance No. 6877 of the City ofiAubum, Washington, and the laws of the State of Washington, including, but not CHARTER of the AUBURN TBD 2 of 9 pages limited to, Chapter 36.73 RCW. All debts, liabilities and other obligations incurred by the District shall be satisfied 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 Auburn, the State of Washington, or any otherpolitical subdivision of the State of 1Nashington on account of or with respect to any debts, liabilities or other obligations of the District, or otherwise on account of or with respect to any acts or omissions of the District or its officers, employees or agents. ARTICLE III -- DISSOWTION $ecTioN 3.01 Dlsso�uTloN. The District shall exist until dissolved in accordance with the reguirements of RCW 36:73.050 and .150. The retirement 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 DistricYs anticipated responsibilities have been satisfied. ARTICLE IV — POWERS; USE OF CITY RESOURCES SeC'rioN 4.07 Powerts. The District shall have all the powers provided under RCW 36J3 and Ordinance 6377, including "all the usual powers of a corporation for public purposes as well 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. SECrioN 4.02 Use oF Cirr ResouRCes. In the event that Ciry staff are utilized, the general fund orthe appropriate utility fund of the City shall be reimbursed to, but only to the extent required by RCVV 43.09.210 for local govemment accounting. ARTICLE V-- INDEMNIFICATION SECTION 5.01 INDEMNIFICATION OF AGENTS. TO thE 2Xt2�t P2I'Rllft@d bY 18W, thB District shall protect, defend, hold harmless and indemnrfy any director, o�cer, 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, fines, penalties, settlements 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 DistricYs tiest 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 believe that his or her conduct was unlawful. The indemn�cation and protection provided herein shall not be deerried exclusiVe of any otfier rigfits to which a . person may be entitled as a matte�of law, by City ordinance, bycontract orby vote of the Board of Directors. The District may purchase and maintain appropriate insurance covering such risks: ARTICLE VI - BOARD AND OFFICERS SECnoN 6.01 BoaRU Potiregs. The Board shall govem the affairs of the District and all,powers of the District shall be exercised by or inthe 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 implement the policies and programs of the District, and the procedures for the management and administra4ion of fhe DistricYs affairs; (b) To appoint and remove Board officers (except the 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 investrnent of the DistricYs funds; and (e) Any other powers which could be exercised by the Board under State Law orOrdinance 6377 of the City of aubum. Sec7ioN 6.02 BonRO ConneosiTtoN. The Board shall be composed ofthe seven (7) members of the Aubum City Council and the Mayor, all who shall serve in an ex- officio and independerrt capacity. The Mayor shall be a non-voting member of the Board. A Board member may be removed ftom service on the Board only when removed from his or heroffice as a Council Member. Any vacancy shall be flled automatically, and only by the appointme�t or election of a new City Council Member.. SeCT�oN 6.�3 BoARO OFFicerts. The Board shall include two or more o�cers. The initial officers of the Board shall be the Chairperson and the vice Chairperson. The Mayorof the City of Auburn shall serve as.the Chairperson. In addition to the Chairperson and vice Chairperson, the Board may create other Boa�d offces 6y majority vote. The Vce Chairperson and additional officers shall be elected by the CHARTER of the AUBURN TBD 4 af9 pages 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 successor is elected. The first officers of the Board shall be elected by the BoaM at its first meeting. Officers may, at the discretion of the Board, hold their respective-offices for successive terms. No person may simultaneously hold more than one.offce. CHpiRPeRSON. The Chairperson shall serve as the ceremonial head of the District and"shal(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 ofthe District Unless othervvise 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 Chai,rperson's signature shall 6e presumptive evidence of the proper adoption of a resolution. Unless othervvi§e directed by the Board; the Chairperson is delegated the_authority to appoint and remove persons in the employ ofthe District or as agents of the District, and prescribe their duties and powers Rennovn�FROnn OFFice. Upon reasonable prior notice to alI Board members of the alleged reasons for dismissal, the Board, by an affirmative vote of four members of the Board, may remove any o�cerof the Board from his or her office, except the office of the Chairperson;whenever in its judgment the best,interests of the District will be served thereby. An officer so temoved shall continue to serve on the Board. SECTION 6.04 ESTABLISHMENT OF COMMITfEES. Th2 6081'CI R18y, by resolution, designate from among its members one or more committees, each consisting of at least finro members, to represent the Board and, where consistent with this Charte�, Rules of Procedure, Ordinance 6377, and Chapter 36.73 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) members, each of which shalf be a ci4y 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 Board shall confirm the nominees, individually or as a group, by resolution. If the Board does not confirm all the nominees, the Chairperson shall nominate replaceinent candidate§. The Advisory Committee shall not convene until its full membership has been confirmed. CHARTER of the AUBURN TBD 5 of 9 pages SecrioN 6.05 CoNFUCr oF1NTeResT. Board members shall comply in all respects with the conflict of interest guidelines and prohibitions of Chapter 42.23 RCW as the same exists or is hereafter amended. SecnoN 6.06 Trteasuttert. The Treasurer of the District shall be the City's Financial Services Director(Finance Director). The Treasurer shall create accounts in qual�ed public depositary for District funds and shall receive, faithfully keep, and deposit all funds belongingto 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. SecTtoN 6.07 LE�a�CouNSe�. The City Attomey shall.be the legal advisor of the Board, except where the Board shall hire separate:counsel by resolution for a particular action, IegaF inatter, or transaction, In addition, the Board may, in the event of conflict, engage separate legal counsel of its choosing. Any potenfial conflicts of interest involving the City Attomey shall be determined and resolved by reference to the Rules of Professional Conduct for Attomeys, as they now exist or may be amended. Chargesand fees of any separate legal counsel shall be reimbursed in accordance with Section 4A2. SecTioN 6.08;C�eRK. The Clerk of the Board shall be the Aubum Gity 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 Sertvice. The Board Clerk shall be the agent of the District for purposes of receiving service of process ARTICLE VII --MEETINGS SECTION 7.01 CITY COUNCIL RULES OF PROCEDURE. Th6 AUbU171 Clt)/ COUIICII'S Rules of Procedure, as adopted by Resolution 5802 or as later amended, shall govem the procedure for all Board meetings. The rules contained in this Charter shall supplement the rules. Where the Rules of Procedure and Charterprovisions . conflict, the Charter provisionsshall preside. The Board Clerk shall perform all the actions and duties provided for the Gity Clerk in the Rules ofiProcedure. 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, Gity Clerk, and the City Attomey, respectively. All references to city staff in the Rules shall apply to City ofiAubum stafF and those individuals shall perform the same duties required by the Rules for the Board. All references to "council member(s)" and "council" in CHARTER of the AUBURN TBD 6 of 9 pages 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 haye any applicabil'ity to the Board and its meetings, those Rules provisions shall be disregardecJ and shall have no force, including section 16 of the Rules. Sec7ioN 7.02. Boarto MEenN�s. Regular Board meetings shall be scheduled by the _Board through a resolution. At any regular meeting of the Board, any business may be transacted and the Board may exercise all ofi its powers. Special Board meetings shaU be held from time to time as determined necessary by a majority ofi the Board or the Board Chairperson., Meetings shall occu�, whenever possible, at the location and on the date scheduled for City Councit meetings. . SECTION 7.03 Nonce oF Boattu MeenNGS. Notice of regular and special meetings shall be given in a manner consistent with the Open Public Meetings Act, 42.30 RCW, as supplemented and amended. In addition, the District shall provide reasonable notice of ineetings to any individual specifically requesting it in writing. Sec�noN 7.04 Acr�oN WRH Less THaN a QuoRUnn. Board members present at a duly convened meeting may continue to transact business notwithstanding the withdrawal of enough members to IeaJe less than a quorurrf; 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 afFrmative vote of a majority ofithe Board members at any regular or special meeting. Voting by proxy shall not be permitted. Electronic meetings or participation are authorized so tong as the meeting, notice,and opportunity for public participation comply with state law. SECnoN 7:05 OPeN Pusuc Me�N�s.. Notice of ineetings shall be given in a manner'consistent with the Open Public Meetings Act, 42.30 RCW, as sup- plemented and amended. In addition, the Districtshall provide reasonable notice ofineetings to any individual specfically 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. Sec'rioN 7.06 Pueuc HeaRtNCS. The Disfrict shall hold a publiahearing: (1) to modify the boundaries of the exis4ing district (RCW 36.73.050); (2) in the event that a transportation improvement cost exceeds its original cost by more than twenty percent as identified in a districYs original plan, to solicit comment'regarding how the cost change should be resolved (RCW 36.73.060); (3) to dissolve the district(RCW 36.73.050); (4) when reguired by law; or(5) as provided in the Rules of Procedure. CHARTER of the AUBURN TBD 7 of 9 pages SECTION 7.07 ROBERT'S RULES OF ORDER. PUfSUB�t t0 th@ RUI@5 Of P�OCedUf@, Roberts' Rules of Order, as supplemented by the Rules of Procedure, shall govem all Board discussions. Failure of the Board to follow the RoberYs Rules of Order will not in itseff constitute sufficient grounds for invalidating any Board action. ARTIGLE Vill --AMENDMENT TO CHARTER SECTION 8.01 PROPOSALS TO AMEND CHARTER. A�y B08�d �Yle(Ylb@f ft18y I�t�OdUCC a written proposal to amend the Charter at any regular meeting or special meeting of the Board, provided, however, that all amendments shall comply with the requirementsand provisions of RCW 36.73 and Ordinance 6377. Amendments shall be approved by a simple Majority vote ofthe Board members present and voting at the meeting. SECTION 8.02 BOARD CONSIDERATION OF PROPOSED AMENDMENTS. Th@ BOaI'd R18y vote on the proposal at the same meeting at which the proposal is introduced if notice of a proposal to amend the Charter and information, including the text of the . proposed amendment and a statement of its purpose and effect, is provided to members of the Board fifteen (15) days prior to any regularor 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 speciaLmeeting after the Board has received fifteen days notice. Amendments to 4he proposal within the scope of the original proposal will be permitted.at the meeting at which the vote is taken. SEC'rioN 8.03 Pusuc HenwN�s. Certain amendments of the Charter may require action of the Aubum City Council and a public hearing pursuant to the requirements of the Statute.. No consideration of any charteramendment may occur until the City complies with such requirements. ARTICLE IX— PUBLIC RECORDS INDEX; MISCELLANEOUS SECTION 9.01 LIBERAL CONSTRUCTION AND SEVERABILITY. .ThIS Ch81t@�Sh811 b8 li6erally construed to effec4 its purposes. If any section or part of this Charter is ultimately Puled invalid or illegal by a court of competent jurisdiction; such invalidity or illegality shall not affect the remaining sections or parts of this Charter. SECTION 9.02 PUBLIC RECORDS CONTACT PERSON. ThB BOdfd Clel'I( Sh811 I�SU�@ that hedhis neme and contact information is posted as the public records contact person on anywe6site or web page that the Board may establish on the City's webpage or other Intemet location. CHARTER of the AUBURN TBD 8 of 9 pages SecTioN 9.03.Pueuc RecortuslNne7t. The District finds that: 1) as a consequence of fhe.DistricYs lack'ofstaff and office space, that its records will be stored in multiple locations and in multiple computer systems, formats, and/or databases;2_due to the digitalization of records the District does not anticipate 4hat tF9e lack of an index will hinde�public access to its records.and; 3) the District does not render opinions, staff manuals, and planning policies and goals. Therefore, the District concludes that it is unduly burdensome for the District to maintain a central index of the agency's records. The District orders that it will not maintain a current index of public records due to#he _ . finding of the Board that esta6lishing such an indexwould interFere with bistrict operations and is unduly burdensome. The Districfishall make available for public inspec#'ion,and/or copying all public recoMs and indexes of the District.to the extent reguired by RCW 42.56 or other applicable law CHARTER of the AUBURN TBD 9 of 9 pages � AUBURN TRANSPORTATION BENEFIT DISTRICT AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No 2012-2. Date: February 16, 2012 DepartmerM: Attaehments: Resolution No. 2012-2 Budget impact AdminlstraUve Recommendation: TheBoardadopt Resolution No. 2012-2. Bagkground Sammary: Untle� state law, a Transportation Benefit District (TBD) may adopt various funding tools to pay for transportation iriiprovements: One of these tools is to issue bonds and impose excess property taxes to repay the bonds. To pursue this option, a TBD must receive voter approval of this funding method. A 60°h majorityvote isrequired and the tumoutat the election must be at least 40%of the numberof votere who voted in the prior general election. Resolution 2012-2 instructs King and Pierce County to conduct an election on April 1 j'"for the purpose of seeking voterauthorization for issuing 6onds and imposing excess property taxes tofund trensportatio� improvements within Auburn. The bond amount proposed to be issued is$59 million with bond maturities of up to 25 years. The rate of the proposed excess property taxes would vary from yearto year, depending on tF1e amounY of the bonds obtained. The TBD Board will select the transportation irtipro4em'ents that the bonds will fund from Aubum's 2012-17 Transporta6on Improvement Program list. Meetin .Date: 2/21l12 Staff: Dennis Dowd /Dou Ruth/Shell Coleman, Item Number. V:B AUBURN TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO.2012-2 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT A SPECIAL ELEC7'ION TQ BE HECD TWEREIN ON APRIL 17, 2012, OF A PROPOSITION AUTHORIZING THE DISTRICT TO ISSUE ITS GENERAL OBLIGATION BONbS FOR THE PURPOSE OF FINANCING TRANSPORTATION IMPROVEMENTS IN THE AGGREGATE PRINCIPAL-AMOUNT NOT TO EXCEED $59,000,000 PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PRbPERTY TAX LEVIES, AND TO LEVY THOSE EXCESS PROPERTY TAXES, AND TO PROVIDE FOR OTHER MATTERS RELATING THEREfO. WHEREAS, Chaptec 3B.73 RCW enables cities and counties to create transportation benefit districts in order to finance and carry out transportation improvements necessitated by economic development and to'improve the performance of the transportation system; and WHEREAS, under RCW 36.73.015(3); transportation improvements include among other things, projects contained in.the transportation plan of the state; a regional transportation planning organization; a county or a city; and may include investment in transportation projects and p�ograms ofiregional or statewide significance; and WHEREAS, following a public hearing held in accordance with RCW 36.73.050, the Aubum Transportation Beneft District, Washington (the "District") was formed by _ q�dinanoe No. 6377 of the City of Aubum (the "City"), passed on September 19,2011, far the purpose of making transportation improvements that are consistent with existing state, regional and local transportation plans and are necessitated by existing or reasonably foreseeable congestion levels; as proVided in Chapter 36.73 RCW; and WHEREAS, the District is a quasi-municipal corporation, an independent taxing authority.and a taxing district within the State of Washington authorized issue general obligation bonds to pay for the costs of transportation improvements pursuant to chapter 36.73 RCW; and WHEREAS, the Board of the District (the "Board") wishes to seek voter approval for the issuance and sale of not to exceed $59,000,000 of general obligation bonds of the District (the "Bonds") to pay the costs of certain transportation improvements RESOLUTION N0.:2012-2 , February 8, 2012 Page 1 pursuant to chapter 36.73 RCW and the costs of issuance of the Bonds, to be repaid by an annual excess property tax levy; and WHEREAS, the constitution and laws of the State of Washington provide that the question of whether or noY the District may issue such bonds be submitted to the qualfied electors of the District for their ratfication or rejection; NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT,WASHINGTON, as follows: Section 1. Designation of TBD Projects - Use of Bond Proceeds. The specific tran"sportation improvenierrt (the "TBD Projects") to be financed with proceeds of the bonds described in this resolution consist of the transportation improvements described in detail within the City's six-year Transportation Improvement Program (the "Program"), as the Program may be updated by the City from time to time. The cost of the TBD Projects shall include all necessary expenses for acguisitions_ of property, inspection and testing, administrative and relocation, and alf de§ign, engineering, legal, financial, architectural, and planning costs, but shall not include the replacement of equipment: The cost of the TBD Projects shall also include amounts reimbursed to 4he District or to fhe City to the extent that City funds were used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds. The estimated cosf of the TBD Projects, including the costs of issuing and se.11ing the Bonds auttiorized 6y this resolu4ion, is declared to be approximately $59,000,000. The economic life of the TBD Projects is expected to be longer than the life ofi the Bonds. The .Board shall determine the application of money available for the TBD Projects so as to accomplish; as nearly as may be, all of the TBD Projects. In the event thaf the proceeds of the bonds authorized herein, plus any other money of the District legally available, are insufficient to accomplish all of the TBD Projects, the Board shall use the available funds for paying the cost of those portions of the TBD Projects deemed by the Board most necessary and in the best interesf ofithe TBD. The Board shall determine the exact locations and specficationsfor the elements of the TBD Projects as well as the timing, order and manner of implementing or completing'theTBD Project., The Board may alter, make substitutions#o and amend the � TBD Projects"descriptions as it determines is in the best interests of the District consistent with the descriptions in the Program and in accordance with the material change policy adopted by the Board in accordance with RCW 36.73.160 and with the notice, fiearing and othe� procedures described in chapter 36.73 RCW, including RCW 36:73.050(2)(b), in each case as the same may be amended from time to time. RESOLUTION NO. 2012-2 February 8, 2012 Page 2 In the event that the Board determines that it has become impracticaF to acxomplish any portion of the TBD Projects by reason of changed conditions, or costs ' substantialiy in excess of the amount of Bond proceeds or other available funds, the Board may apply all or a portion of the leftover bond proceeds to the payment of principal or interest on the Bonds, as the Board may determine. Section 2. Description of Bonds. The Bonds may be issued as a single issue, as a part of'a combined issue with other authorized bonds, or in more than one series, as deemed advisable by the Board and as permitted by law. The Bonds shall be fully registered bonds, bearing interest payable as permitted by law, and each series maturing within 25 years from the date of issue that series, or within any shorter period fixed by the Board. The Bonds shalb be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to meet such payments of principal and interest as they come due. The Bonds shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which such bonds are to be issued. The specfic date, form, terms, option of prior redemption, price, iMerest rate or rates and maturities of the Bonds shall be hereafter fixed by resolution of the District. Pending the issuance of the Bonds, the District may issue short-term obligations pursuant to chapter 39.50 RCW or such other obligations as are permitted by law to pay for the costs of the TBD Project allocated to the District. Such obligations and their costs may be paid or refunded with proceeds of the Bonds when issued. Section 3. Calling of Election. The Board requests that the Director of Records and Elections of King County, as ex officio Supervisor of Elections in King County, and 4he Pierce CountyAud'Ror, as ex officio Supervisor of Elections in Pierce Courrty (together, the "Directors of Elections"), call and conduct a special election in the District, in the manner� provided by law, to be held therein on April 17, 2012, for the purpose of submitting to the voters of the D'istrict, for their approval or rejection, the question or whether or not general obligation bonds of the District shall be issued in the principal amount of not more than $59,000,000 (or such lesser maximum amount as may be legally issued under the laws goveming the timitation of indebtedness), the proceeds of which shall be expended to pay the costs of the TBD .Projects, and annual excess property taxes shall be levied to pay and retire the Bonds. If such proposition is approved by the requisite number of voters, the Disfict shall be authorized to issue the Bonds in the manner described in this resolution, to spend the proceeds thereof ,to pay the costs of the TBD Projects and the costs of issuance and sale of such Bonds, and to levy excess property taxes to pay and retire such Bonds. The proceeds of the Bonds shall be used for capital purposes only, which shall not include the replacement of equipment. Section 4. Ballot Propositiorr. The Secretary of the Board is authorized and directed to certify, no later than March 2, 2012, to both the Directors of Elections, as ex officio supervisors of elections in the District, a copy of' this resolution and the following RESOLUTION NO. 2012-2 February 8;2012 � Page 3 proposition to be submitted to the qualfied electors at that special election. The proposi4ion and ballot title shall be in the form that follows, or as modified by either of the prosecuting attomeys for King or Pierce Counties (the"Prosecuting Attorneys"): The Board of the Auburn Transportation Benefit District adopted Resolution No. 2012-2 conceming a proposition to fund District transportation improyements and projects. If approved, this proposition would 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 in an amou�rt not more ffian $59,000,000, each series of such bonds maturing within 25 years or less, and authorize the annual levy of excess property taxes to pay and retire such bonds, as provided' in Resolution No. 2012-2. Should this proposition should be approved? Yes? . . . . . . . . . . . . . . . . [ ] No� . . . . . . . . . . . . . . . . . [ ] For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the Board hereby designates its bond counsel, Foster Pepper PLLC (Hugh Spitzer, 206-447-8965, spith@foster.com), as the person to whom suah notice shall be provided. The Chair of the Board and Secretary of fhe District are each authorized individually to approve changes to the ballot title, if any, deemed necessary by the Directors of Elections or the Proseouting Attorneys. Section 5. Voter Pamphlet Committee and General Authorization. The preparation and distribution in King and/or. Pierce Courrties of a local voters' pamphlet. providing irifoRnation on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with�RCW 29A.32.280, the argumenfs advocating approval and disapproval of the ballot shall be prepared by committees appointed by the Board by motion not later than 45 days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, and the committee advocating approval shall be composed of persons known to favor the ballot title and 4he committee advoca6ng disapproval shall be composed of persons known to oppose the ballot title. The proper District officials are authorized to perform such duties as are neces.sary oc reguired by law to submit the question ofwhether the Bonds shall be issued and sxcess taxes necessary to pay and retire the Bonds be levied, all as provided in this resol�ition; to the electors of the District at the April 12, 2012 election. Section 6. Intent to Reimburse. The Board declares that to the extent that the District (or the City on behalf of the District) makes capital expenditures for the TBD Projects; prior to the date the Bonds or other short-term obligations are issued to fnance the TBD RESOLUTION NO. 2012-2 February 8, 2012 Page 4 Projects, from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise,set aside by the District undec its existing and rea,sonably fo�eseeable budgetary and'financial circumstances to finance the TBD P�ojects, those capital ezpenditures ate intended to be reimbursed out of proceeds of ' the Bonds or other short-term obligations issued in an amourrt not to exceed the principal amount of the Bonds provided by this resolution„ Section 7., Severabi,lity. If any provision of this resolu4ion is declared by any court:of compete�t jurisdiction to be invalid, then such provision shall be null and void and shall be severa6le from the remaining provisions of this resolution, and shall in no way affect the valid'dy of the other provisions of this resolution or of any other resolution or of the Bonds. Section 8. Effective Date. This resolution shall be effective immediately after its adoption in Ehe manner provided by law. Section 9. Ratification ot Prior A�., Any adion taken consistent with the authority and prior to the effective date of this resolution is hereby ratified, approved and confirmed. PASSED this_day of _ _ , 2012. Aubum Transportation Benefd District Chair ATTEST: Danielle E. Daskam Secretary to the Board APPROVED AS TO FORM l�- - �. . - �D:Spitie�; Fo§ r P� epper PLLC Bond Counsel RESOLUTION NO. 2012-2 February 8, 2012 Page 5_