HomeMy WebLinkAbout2017-05 RESOLUTION NO. 2017-05
A RESOLUTION OF THE AUBURN TRANSPORTATION
BENEFIT DISTRICT APPROVING A MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF AUBURN
REGARDING A 0.2 PERCENT SALES AND USE TAX
WHEREAS, RCW 36J3.040(3)(a) and RCW 82.14.0455 authorize
transportation benefit districts (TBD) to impose a sales and use tax of up to 0.2
percent to fund transportation improvements within the TBD subject to a simple
majority approval vote by authorized voters within the boundaries ofi the TBD
provided that the tax may not be imposed for longer than 10 years at a time,
except to repay debt ; and
WHEREAS, the TBD board has prediously discussed the potenfial for
engaging in substantive public education effortto provide voters within the district
factual and relevant information for a public vote for approval of a 0.2 percent
sales and use tax to fund significant transportation improvement projects within
the district; and
WHEREAS, at its December 13, 2016, meeting, the TBD board reviewed
and discussed three different schedules (12-months, 18-months and 24-months)
and ident�ed its preference for the 18-months schedule; and
WHEREAS, at 4he December 13, 2016, meeting, the Board also
discussed the potential for developmerit and execution of a Memorandum of
Understanding (MOU) with the City of Auburn to memorialize the desire of both
entities to jointly work together on the aforementioned public education effort
including sharing of resources and costs, as applicable; and
Resolution No. 2017-05
Fetiruary 15, 2017
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WHEREAS, the MOU affirms that the Auburn TBD and the City of Auburn
jointly identify and agree that there is an obligation to engage in substantive
efforts, prior to any public vote on a 0.2 percent sales and use tax, to provide
factual and relevant information to ensure that voters make an informed decision;
_ _ _._ _
and
WHEREAS, further, the MOU affirms that the Auburn TBD and the City of
Auburn desire to jointly work togethe� on a public education effort to proVide
factual antl relevant to ensure fhat voters within the TBD are fully aware of the
cost and benefits associated with the imposition of a 0.2 percent sales and use
tax.
NOW, THEREFORE, THE BOARD OF THE AUBURN
TRANSPORTATION BENEFIT DISTRICT HEREBY RESOLVES as follows:
Section 1. The Board Chairperson is authorized to execute an
Memorandum of Understanding with the City of Aubum regarding the 0.2 percent
sales and use tax, which MOU shall b.e in substantial conformity with the MOU
attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. The Board Chairperson is au4horized to implemenY such
administrative procedures as may be necessary to carry out the directives of tfiis
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 2017-05
Febn�ary 15, 2017
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Dated and Signed this �� day of��-6� , 2017.
AUBURN TRANSPORTATION
BEIVEFIT DISTRICT
N/�NCY BAC , BOA D HAIR
ATTEST:
�� ����
Danielle E. Daskam, Clerk of the Board
APPR D A FORM:
Daniel B. Heid, District Legal C . nsel
Resolution No. 2017-05
February 15, 2017
Page 3 of 3
MEMORANDUM OFUNDERSTANDING
BETWEEN
THE CITY OF AUBURN, WASHINGTON
AND
THE AUBURN TRANSPORTATION BENEFIT DISTRICT
This Memorandum of Understanding (MOU) between the City of Auburn,
Washington ("AUBURN"), and the Auburn Transportation Benefit District ("TBD"), each
of whom is organized as a Municipal Co.rporation under the laws of the State of
Washington, is dated this_day of 201_.
1NHEREAS, AUBURN is empowered to operate, maintain, construct, and
reconstruct, public street infrastructure within its city limits in accordance with the
p:owers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pursuant to Ordinance No. 6377, AUBURN established the TBD whose
district boundaries are concurrent with the municipal boundaries of AUBURN and
authorized funding for any purpose allowed by law inciuding to operafe the District and
to make transportation improvements consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion
leveis pursuant to Chapter 36,73 RCW; and
WHEREAS, RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize TBDs to impose
a sales and use tax of up to 0.2 percent to fund transportation improvements within the
TBD subject to a simple majority approval vote by authorized voters within the
boundaries of the TBD, provided that the tax tax may not be imposed for longer than 10
years at a time, except to repay debt; and
WHEREAS, the TBD previously identified at a duly advertised December 13, 2016
special meeting its interest in exploring the presentation to authorized voters within the
TBD of a b.allot measure for approval of a 0.2 percent sales and use tax in November
2018; and
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WHEREAS, the TBD and AUBURN identify and agree that there is an obligation to
engage in substantive efforts, prior to any public vote on a 0.2 percent sales and use tax
to provide factual and relevant information to ensure that voters make an informed
decision; and
WHEREAS, AUBURN and the TBD desire to jointly work together on a public
education effort to provide factual and relevant to ensure that voters within the TBD are
fully aware of the cost and benefits associated with the imposition of a 0.2 percent sales
and use tax.
NOW, THEREFORE, the parties have entered into Memorandum of Understanding
to p.royide each other, the citizens of Auburn and the voters within the TBD transparent
u.nderstanding and awareness of how the two governmenfal entities will work together
on a substantive public education effort on the costs and benefits of a 0.2 percent sales
and use tax prior fo a public vote by authorized voters in the TBD in November 2018.
1. Joint Commitment to Provision of Factual and Relevant Information. Auburn and
TBD are jointly committed to the provision of only factual and relevant information.
Auburn and TBD obligate themselves and all others organizationally affiliated with them
to provide only factual and relevant information.
2. Joint Observance of Public Campaiqn Laws. Auburn and TBD hereby o.bligate
themselves and their affiliates to not,engage in direct or indirect campaigning regarding
futu�e voter consideration of a 0.2 percent sales and use tax and further obligate
themselves to fully observe and follow all local, state and federal laws, standards arid
practices as pertains to publiaorganizations and public officials engaging in substantive
campaigning efforts to influence a vote in their respective roles as public organizations
and public officials.
3. Joint Resources and Costs for Public Education Efforts. AUBURN and TBD
agree to share resources and, where appropriate, costs, in the provision of factual and
relevant public information to assi§t Voters wifhin the TBD in their decision-making for a
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future public vote on a 0.2 percent sales and use fax. In all instances, AUBURN and the
TBD will provide the public with information on utiliza4ion of resources and sharing of
costs, where appropriate.
4. Non-Bindinq. This MOU is jbint�y entered into bjl AUBURN and the TBD, is non-
binding on either party and is not a legal confract. The MOU is a volunfary recitation of
both paities' interest in working together to transparently provide the voting public in the
TBD with factual and relevant information prior to and leading up to a future vote
regarding the approval of 0.2 percent sales and use tax.
5. Term. This MOU shall be in place until such time that a public vote on a 0:2
percent sales and use tax takes place and/or Auburn and the TBD jointly agree that it is
no longer needed relevant to its intended purpose.
6. Waiver of Counsel Conflict. Although the interests of the City of Aubum and the
Auburn Transportafion Benefit District are generally consistent, it is recognized and
understood that differences may exist or become evident during the course of legal
representation. Notwithstanding 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
Memorandum of Understanding, as well as any Memorandum of Agreement,
Agreement, Contract or Interlocal Agreement between the parties. Accordingly, this
confirms understanding and agreement of the City of Aubum and the Auburn
Transportation Benefit District 4hat Daniel B. Heid may represent them jointly in
connection wifh fhe matters with which they are jointly involved, uniess expressly stated
to the contrary. This will also confirm that the City of Auburn and the Aubum
Transportation Benefit District have each agreed to waive any conflict of interest arising
out of, and that each will not object to, representation by Daniel B. Heid of each other in
the matter described herein. It is further unde�stood and agreed that Daniel B. Heid may
freely convey necessary 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
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of Auburn and the Auburn Transportation Benefit District unless both expressly agree to
the contrary:
7. Effective Date. This Memorandum of Understanding shall be effective upon the
last authorizing signature affixed hereto.
IN WITNESS WHEREOF, the parties have executed 4his agreement on the date first
written above.
CITY OF AUBURN AUBURN TRANSPORTATION
BENEFIT DISTRICT
Nancy Backus, Mayor ncy Backu , D Chairperson
APP D O FORM:
Daniel B. He , City omey
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