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
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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
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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
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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 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
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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
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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
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
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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
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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
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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_