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Ordinance 33580006.90000 WSS/kkr 3/9/01 ORDINANCE NO.3358 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A PUBLIC FACILITIES DISTRICT PURSUANT TO CHAPTER 165, LAWS OF 1999, STATE OF WASHINGTON, INCLUDING THE AUTHORITY TO ACQUIRE, CONSTRUCT, OWN, FINANCE, AND OPERATE A REGIONAL CENTER, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds is a municipal corporation operated as a noncharter code city, organized and existing under and by virtue of the laws of the State of Washington, and WHEREAS, pursuant to state statute Chapter 165, Laws of 1999, public facilities districts may be created in any city, which district shall be co -extensive with the boundaries of the city, and shall be created by the legislative authority of the city in which the proposed district is located; and WHEREAS, once a public facilities district is created by adoption of resolutions providing for the creation of such district by the legislative authority of the city in which the proposed district is located, the district shall be governed by a Board of Directors consisting of five (5) members as follows: (1) Two (2) members appointed by the legislative authority of the city to serve for four-year staggered terms, which members shall not be members of the legislative authority, (2) Three (3) members appointed by the legislative authority of the city, based on recommendations from local organizations, to serve for four-year staggered terms; and {WSS469564.DOC;1/00006.090000/1 - 1 - WHEREAS, once a public facilities district is created and the Board of Directors appointed, the public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate one or more regional centers. "Regional Center" means a convention, conference, or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after the effective date of Chapter 165, Laws of 1999, at a cost of at least ten million dollars, including debt service; and WHEREAS, as authorized by state statute Chapter 165, Laws of 1999 and subject to certain restrictions, a public facilities district may impose a 0.033 percent sales and use tax that is deducted from the amount of the tax otherwise required to be collected and paid over to the State Department of Revenue under chapter 82.08 or 82.12 RCW; and WHEREAS, as authorized by state statute Chapter 165, Laws of 1999 and subject to certain restrictions, a public facilities district may issue 30-year general obligation bonds and may also issue 30-year revenue bonds to fund the revenue -generating facilities that it operates; and; WHEREAS, as authorized by state statute Chapter 165, Laws of 1999 and subject to certain restrictions, a public facilities district may impose, only if voter -approved, a 0.2 percent sales and use tax after August 1, 2000; and WHEREAS, as authorized by state statute Chapter 165, Laws of 1999, a public facilities district may levy and fix a tax of not more than 5% or one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to a regional center, and may levy and fix a tax on any vehicle parking charges imposed at any parking facility that is owned or {WSS469564.DOC;1/00006.090000/} - 2 - leased by the public facilities district as part of the regional center at a rate of not more than 10%; and WHEREAS, the City Council of the City of Edmonds finds that it is in the public interest to create a public facilities district co -extensive with the boundaries of the City; and WHEREAS, the City Council of the City of Edmonds desires to set forth certain principles relating to the Edmonds Public Facilities District and its Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Sections 1. Formation of Public Facilities District. A. Pursuant to Chapter 165, Laws of 1999, there is hereby created a public facilities district, to be known as the Edmonds Public Facilities District, co -extensive with the boundaries of the City of Edmonds, with all the powers and authority set forth in the provisions of Chapter 165, Laws of 1999, including any amendments thereto, including, to acquire, construct, own, finance, and operate a regional center. B. Members of the Board of Directors need not be residents of the City of Edmonds. Members shall not include any member of the Edmonds City Council. Members should include persons with experience in the convention, hospitality, and tourism industries. C. The City Council declares the following principles shall apply to the Edmonds Public Facilities District and its Board; 1. Pursuant to state law, the Edmonds Public Facilities District is authorized to acquire, build, own, and operate a "regional center." Regional center means a convention, conference or special events center, or combination, and related parking facilities, serving a regional population, constructed at a cost of at least ten million dollars, including debt service. 2. Every effort shall be made to ensure that a regional center is a first class facility that provides benefit to the citizens of the City of Edmonds, and is located within that portion of the Central Business District zoned Community Business and located generally north of Dayton Street, west of 6th Avenue, south of Edmonds Street, and east of Railroad Street. Property currently {WSS469564.DOC;1/00006.090000/} - 3 - occupied by the Puget Sound Christian College shall also be under consideration (see Attachment A). 3. While new taxes are authorized by state legislation allowing the Edmonds Public Facilities District to be formed, the Council declares that new taxes shall not be utilized by the District in connection with a regional facility without prior consultation and approval of the Edmonds City Council. Unless otherwise approved by the City Council, the Edmonds Public Facilities District funding source from taxes it may impose shall be limited to imposing a 0.0333 percent sales and use tax that is deducted from the state sales tax (which is not an additional tax, but a deduction from an existing tax that would otherwise be paid to the state). 4. The City Council declares its intention, consistent with and subject to its determination of the public interest, to cooperate with the Edmonds Public Facilities District in the development and operation of a regional facility. Cooperation may take the form of providing monetary and in -kind contribution to the Edmonds Public Facilities District, and entering into interlocal agreements providing for capital and/or operating funding. Initially, the Council declares that the City should make available and the Edmonds Public Facilities District should use the services of the City's Finance Director as a treasurer, and that the Finance Director should be an ex officio member of the Board of the Edmonds Public Facilities District; that the City should provide incidental assistance to the Edmonds Public Facilities District in the form of routine legal services (for organization and routine matters for the first year) and meeting room space; and that the Council commits to providing up to $34,000 in money for budget year 2001, subject to approval of a specific Board request for monies in 2001 and future budget cycles. In addition, the Council recognizes that in order for the District to collect moneys from the 0.0333 sales and use tax reapportionment that it must be matched from other public or private sources to thirty-three percent of the amount collected, and that the Council agrees, consistent with and subject to its determination of the public interest, to provide matching moneys and/or other qualifying contributions. The Council declares that any City monies contributed to the District shall (1) be subject to the terms of a Council approved interlocal or other agreement with the District, and (2) be limited to hotel -motel tax receipts, unless otherwise approved by Council. 5. The Public Facilities District shall perform a market demand and feasibility study for the downtown area referenced in Section 1, Item C.2 above prior to forwarding a decision on {WSS469564.DOC;1/00006.090000/} - 4 - whether to move forward with the planning and construction of a regional center recommendation to the City Council. The City Council will then decide on whether to authorize continued or new matching funds for the purpose of moving forward with the planning and construction of a regional center. 6. In connection with the development and operation of a regional facility, every effort shall be made to obtain private funds and to partner, consistent with and subject to the public interest, private developer(s), if this achieves public goals and maximizes public benefit. 7. Public Facilities District activity shall be done in an open, accountable, public manner consistent with public interest. The Board shall comply with the Open Public Meetings Act. All meetings of the Board shall be open to the public, except when executive sessions are necessary. 8. The Public Facilities District shall report not less than quarterly, and otherwise as directed, to the Council on the District's activities. The report shall include a report on all financial matters, and other items as may be requested by the Council. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. {WSS469564.DOC;1/00006.090000/} - 5 - APPROVED: M"' OR, G Y HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE C Y ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 04/20/2001 PASSED BY THE CITY COUNCIL: 04/24/2001 PUBLISHED: 04/29/2001 EFFECTIVE DATE: 05/04/2001 ORDINANCE NO. 3358 {WSS469564.DOC;1/00006.090000/} - 6 - SUMMARY OF ORDINANCE NO.3358 of the City of Edmonds, Washington On the 24th day of April, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3358. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A PUBLIC FACILITIES DISTRICT PURSUANT TO CHAPTER 165, LAWS OF 1999, STATE OF WASHINGTON, INCLUDING THE AUTHORITY TO ACQUIRE, CONSTRUCT, OWN, FINANCE, AND OPERATE A REGIONAL CENTER, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of April, 2001. CITY CLERK, SANDRA S. CHASE {WSS469564.DOC;1/00006.090000/} - % - Public Facilities Districts (PFDs) Page 1 of 3 FAQs ( RCW I WAC I Municipal Codes j About MRSC I site Index I Links ( Help I Contact Us ( Home Municipal Research & Services Center • Working Together for Excellence in Local Government Public Facility Districts PFD _v ._.---...._ ( ) Contents . About Public Facilities Districts . Statutory Authority . Current Public Facilities Districts About Public Facilities Districts Public facilities districts (PFDs) are municipal corporations, have independent taxing authority and are taxing distracts under the state constitution. There are two enabling statutes, Ch. 3 6. 100 RCW for counties and Ch. 35.57 RCW for cities, towns, and contiguous group of cities and towns. Counties have been able to create public facility districts since 1988. In 1999 legislation (Ch. 165 L 99) was passed to enable a single city or a group of contiguous cities in counties of less than one million to form a public facilities district to build and operate regional centers. The county PFD provisions were also amended to provide similar authority. Currently six districts have been formed. They are listed on this page along with the ordinances, resolutions and other documents that have created them. Public facilities districts may acquire, construct, and operate sports facilities, entertainment facilities, convention facilities or regional centers and related parking facilities. "Regional center" is defined as convention, conference, or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999 at a cost of at least ten million dollars, including debt service. Statutory Authority . Ch 36.100 RCW (Chapter 165, Laws of 1999) — Public Facilities Districts (county) . Ch. 35.57 RCW — Public Facilities Districts Current Public Facilities Districts Lynnwood (Under Ch. 35.57 RCW) — South Snohomish County Public Facilities District . Lynnwood Ordinance No. 2266 0 594 kb) creates a public facilities district pursuant to Ch. 35.57 RCW including the authority to acquire, construct, own, finance, and operate a regional center, 8-99. http://mrsc.org/mrsc/econ/ed-pfd.htm 05/04/2001 Public Facilities Districts (PFDs) Page 2 of 3 . Charter of South Snohomish County Public Facilities District (M 2.19mb), 1-00. Kennewick (Under Ch. 35.57 RCW) . Kennewick Ordinance No. 3966 creates the Kennewick Public Facilities District, 12-00 . Kenewick Resolution No. 01-10 appoints a board of directors to the Kennewick Public Facilities District, 3-01 King County (Under Ch. 36.100 RCW) . King County Code, Ch. 2.38 — Washington state Major League Baseball Stadium Facilities District (page 89 of pdf file) . Referendum 48 — On -Line Voters Guide: Official Ballot Title and Explanatory Statement for Referendum 48, Office of Secretary of State, May 12, 1997. • The Washington State Major League Baseball Stadium Public Facilities District Kitsap County (Under Ch. 36.100 RCW) . Kitsap County Resolution No. 093-2000 (M 224 kb) creates a public facilities district and provides for the appointment of members to the district, 5-00. . Kitsai) Countv Resolution No. 139-2000 (M 375 kb) establishes the terms and duties of the Kitsap County Public Facilities District board of directors, 7-00. . Kites Public Facilities District Spokane (Under Ch. 3 6. 100 RCW) Spokane Cojmty Resolution No. 89-1034 A 288 kb) creates a public facilities district under Ch 3 6. 100 RCW within the county contingent upon the City of Spokane adopting a similar resolution, 9-89. Spokane Resolution No. 89-68 (M 306 kb) creates a public facilities district under Ch. 3 6. 100 RCW with boundaries co -extensive with Spokane County, 9-89. S -okane Boards & Commissions Public Facilities District Tacoma (Under Ch. 35.57 RCW) Tacoma Substitute Resolution No. 34548 (IM 214 kb) creates Greater Tacoma Regional Convention Center Public Facilities District by Interlocal Agreement, 10- 99. . Charter of Greater Tacoma Regional Convention Center Public Facilities District 1.76mb) . flaws of Greater Tacoma Regional_ Convention Center Public Facilities District 764kb) http://mrsc.org/mrsc/econ/ed-pfd.htm 05/04/2001 Public Facilities Districts (PFDs) Page 3 of 3 • Tacoma Resolution 34561 (M 386 kb) authorizes the city to enter into agreement with the Greater Tacoma Regional Convention Center Public Facilities Districts for design, development construction, and operation of the convention center, 10- 99. • Interlocal Oneratina Agreement between the Orenter Tnnmmq RPainnnl CnnvPntin Center Public Facilities District and the Citv of Tacoma ( 1.90mb) . Fife Resolution No._673 P 1 mb) authorizes the mayor to enter an interlocal agreement with the city of Tacoma, University Place, and Lakewood for the creation of a Tacoma Convention Center Public Facilities District, 1999. Vancouver (Under Ch. 35.57 RCW) Vancouver Ordinance No. M-3461 (M 2 mb) creates the Vancouver Public Facilities District under Ch. 35.57 RCW. Charter of the Vancouver Public Facilities District attached as Exhibit "A," 10-99 Vancouver Resolution No. M-3251 (M 155 kb) appoints Board of Directors, 1I- 99. • Vancouver Public Facilities District FAQs I RCW I WAC MCodesnicipal ( MRSC Index About Site � Links ( Help I Contact I Home http://mrsc.org/mrsc/econ/ed-pfd.htm 05/04/2001 Local Improvements —Filling and Draining Lowlands —Waterways r. current expense fund of such city or by bonding the city or = ' by pledging revenues to be derived from rents and issues therefrom, lands abutting upon the shore lines or right -of - Ty way of such canals or waterways to a distance, depth or t-° width of not more than three hundred feet back from the a banks or shore lines of such canals or waterways on either side or both sides thereof, or not more than three hundred lineal feet back from and abutting on the outer lines of such [ . rights -of -way on either side or both sides of such rights -of - way, and such area of such abutting lands as the council or -'' commission may deem necessary for its use for public docks, bridges, wharves, streets and other conveniences of .c navigation and commerce and for its own use and benefit '; • generally. [1965 c 7 § 35.56.240. Prior: 1913 c 16 § 18, ` part; RRS § 9466, part.] 35.56.250 Waterways —Abutting city owned lands — Lease of. If the city is not using the abutting lands so acquired it may lease any parcels thereof as may be deemed e•.p for the best interest and convenience of navigation, com- merce and the public interest and welfare to private individu- als or concerns for terms not exceeding thirty years each at such annual rate or rental as the city council or commission .0 of such city may deem just, proper and fair, for the purpose �. ; ?,g,.. of erecting wharves for wholesale and retail warehouses and for general commercial purposes and manufacturing sites, ei,;` but the said city shall never convey or part with title to the 3abutting lands above mentioned and so acquired nor with the control other than in the manner herein specified. Any lease or leases granted by the city on such abutting lands shall Ari �never be transferred or assigned = " ', without the consent of the city council or commission having been first obtained. A city shall never lease to any individual or concern 4- k more than four hundred lineal feet of canal or waterway. frontage of said land and no individual or concern shall ever hold or occupy by lease, sublease, or otherwise more than ^the said four hundred lineal feet of said frontage: PROVID- ED, That any individual or concern may acquire by lease or sublease whatever additional frontage of such abutting land be in the judgment of the city council or commission necessary for the use of such individual or concern, upon "� •: petition presented to the city council or commission therefor signed by not less than five hundred resident freeholders of such city. [1965 c 7 § 35.56.250. Prior: 1913 c 16 § 18, ..;Part; RRS § 9466, part.] 35.56.260 Waterways —Abutting lands —Lessee -°1 must lease shoreline property. At the time that the cit Teases to any individual y 35.56.240 lowest responsible Adopted by Reference regulation as may be Ordinance # That the city count$ on presented and readv. council or commit (,i�Clerk����w� supplies or material contract, cheaper than under the bid submitted, it may after having so advertised and examined the bids, cause the work to be performed or supplies or materials to be furnished independent of contract. This section shall be construed as a concurrent and cumulative power conferred on cities and shall not be construed as in any wise repealing or affecting any law now in force relating to the performing, execution and construction of public works. [1965 c 7 § 35.56.270. Prior: 1913 c 16 § 20; RRS § 9468.] 35-56.280 Reassessments. If any assessment is found to be invalid for any cause or if it is set aside for any reason in judicial proceeding, a reassessment may be made and all laws then in'force relative to the reassessment of local assessments, for street or other improvements, shall, as far as practical, be applicable hereto. [1965 c 7 § 35.56.280. Prior: 1.913 c 16 § 16; RRS § 9464.) Local improvements, assessments and reassessments.. Chapter 35.44 RC4i{ 35.56.290 Provisions of chapter not exclusive. The provisions of this chapter shall not be construed as repealing or in any wise affecting other existing laws relative to the making of any such improvements but shall be considered as concurrent therewith. [1965 c 7 § 35.56.290. Prior: 1929 c 63 § 5; 1913 c 16 § 22; RRS § 9470.] Chapter 35.57 PUBLIC FACILITIES DISTRICTS Sections 35-57.010 35.57.020 Creation —Board of directors —Corporate powers. Regional centers —Charges and fees 35-57.030 —Powers. General obligation bonds. 35.57.040 35.57.050 Authorized charges, fees, and taxes ---Gifts. 35.57.060 Travel, expense reimbursement policy —Required. Expenditure of funds —Purposes. 35.57.070 Service provider agreement*. 35.57.080 35.57.090 Purchases and sales —Procedures. Revenue bonds —Limitations. 35.57.100 Tax on admissions. 35,57.110 Tax on vehicle parking charges. 35.57.900 Severability-1999 c 165. or the land ting ou the area between the shore lines any he dock lines t the powers. 7(1) The legislativee authority of any town orate `: ' ,; e same individual or concern must likewise for the same located in a county with a population of less than one �penod of time lease all of the area between the shore line million may Great y z and dock line of such canal or waterway lying contiguous to authorities of any contiguous group of towns or cities located y e a public facilities district. The legislative 1196mmediately in front of the abutting land so leased. in a county or counties each with a population of less than 665 c 7 § 35.56.260. Prior: 1913 c 16 § 18, part; RRS § one million may enter an agreement under cha pter 39.34 RCW for the creation and joint operation of a public - facilities district. cakes eI.56.270 Work by day labor. When a city under- (2) A public facilities district shall be coextensive with any improvement authorized by this chapter.and the the boundaries of the city or town or contiguous group of expenditures required exceed the sum of five hundred cities'or towns that created the district. ^l dollais, it shall be done by contract and shall be let to the c, ,i is [Title 35 RCW—page 1851 'h. _ 35.57.010 Title 35 RCW: Cities and Towns 35.57.020 Regional centers —Charges and fees — Powers. (1) A public facilities district is authorized to [Title 35 RCW—page 1861 (3)(a) A public facilities district created by a single city or town shall be governed by a board of directors consisting of five members selected as follows: (i) Two members appointed by the legislative authority of the city or town; and (ii) three members appointed by legislative authority based on recommendations from local organizations. The members appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The members appointed under (a)(ii) of this subsection, shall be based on recommendations received from local organiza- tions that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. The members shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms. (b) A public facilities district created by [a] contiguous group of cities and towns shall be governed by a board of directors consisting of seven members selected as follows: (i) Three members appointed by the legislative authorities of the cities and towns; and (ii) four members appointed by the legislative authority based on recommendations from local organizations. The members appointed under (b)(i) of this subsection shall not be members of the legislative authorities of the cities and towns. The members appointed under (b)(ii) of this subsection, shall be based on recommendations received from local organizations that include, but are not limited to the local chamber of commerce, local economic development council, local labor council, and a neighbor- hood organization that is directly affected by the location of the regional center in their area. The members of the board of directors shall be appointed in accordance with the terms of the agreement under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must 35.57.030 General obligation bonds. (1) To carry be appointed for a three-year term, and the remainder must be appointed for four-year terms. out the purpose of this chapter, a public facilities district (4) A public facilities district is a municipal corporation, may issue general obligation bonds, not to exceed an an independent taxing "authority" within the meaning of amount, together with any outstanding nonvoter -approved Article VII, section 1 of the state Constitution, and a "taxing general obligation indebtedness, equal to one-half of one district" within the meaning of Article VII, section 2 of the percent of the value of the taxable property within the state Constitution. district, as the term "value of the taxable property" is defined (5) A public facilities district shall constitute a bod in RCW 39.36.015. A facilities district additionally may corporate and shall possess all the usual powers a co o issue general obligation bonds for capital purposes only, at together with any outstanding general obligation indebted - ration for public purposes as well as all other powers h may now or hereafter be specifically conferred by statute, ness, not to exceed an amount equal to one and one-fourth Percent of the value of the taxable property within the including, but not limited to, the authority to hire employees , staff, and services, to enter into contracts, and to sue and be district, as the term 'value of the taxable property" is defined sued. in RCW 39.36.015, when authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of (6) A public facilities district may acquire and transfer the state Constitution, and to provide for the retirement real and personal property by lease, sublease, purchase, or thereof by taxes authorized in chapter 165, Laws of 1999. sale. No direct or collateral attack on any metropolitan facilities district purported to be authorized or created in (2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold conformance with this chapter may be commenced more than thirty days after creation by the city legislative authori- in accordance with the provisions of chapter 39.46 RCW. ty. [1999 c 165 § 1.] (3) The general obligation bonds may be payable from the operating revenues of the public facilities district in addition to the tax receipts of the district. [1999 c 165 § 3.1 acquire, construct, own, remodel, maintain, equip, reequip repair, finance, and operate one or more regional centers. a For purposes of this chapter, "regional center" means convention, conference, or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten million dollars, including debt service. "Regional center" also includes an existing convention, conference, or special events center, and related parking facilities, serving a regional population, that is improved or rehabilitated after July 25, 1999, where the costs of improvement or rehabilita- tion are at least ten million dollars, including debt service. A regional center is conclusively presumed to serve a regional population if state and local government investment in the construction, improvement, or rehabilitation of the regional center is equal to or greater than ten million dollars. (2) A public facilities district may impose charges and fees for the use of its facilities, and may accept and expend or use gifts, grants, and donations for the purpose of a regional center. (3) A public facilities district may impose charges, fees, and taxes authorized in RCW 35.57.040, and use revenues derived therefrom for the purpose of paying principal and interest payments on bonds issued by the public facilities district to construct a regional center. (4) Notwithstanding the establishment of a career, civil, or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities. (5) A public facilities district is authorized to use the supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the design, construction, reconstruction, remodel, or alteration of any regional center. [1999 c 165 § 2.] (2000 Ed.) Public Facilities Districts 35.57.040 Authorized charges, fees, and taxes — Gifts. (1) The board of directors of the public facilities district may impose the following for the purpose of funding a regional center: (a) Charges and fees for the use of any of its facilities; (b) Admission charges under RCW 35.57.100; (c) Vehicle parking charges under RCW 35.57.110; and (d) Sales and use taxes authorized under RCW 82.14.048 and 82.14.390. (2) The board may accept and expend or use gifts, grants, and donations for the purpose of a regional center. The revenue from the charges, fees, and taxes imposed under this section shall be used only for the purposes authorized by this chapter. [1999 c 165 § 4.] 35.57.050 Travel, expense reimbursement policy — Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time to time that shall establish the basic requirements governing methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. The resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the public facilities district in establish- ing adequate procedures for regulating and auditing the reimbursement of all such expenses. [1999 c 165 § 5.] 35.57.060 Expenditure of funds —Purposes. The board of directors of the public facilities district shall have authority to authorize the expenditure of funds for the public purposes of preparing and distributing information to the general public and promoting, advertising, improving, developing, operating, and maintaining a regional center. Nothing contained in this section may be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a district election. [1999 c 165 § 6.] 35.57.070 Service provider agreements. The public facilities district may secure services by means of an agreement with a service provider. The public facilities district shall publish notice, establish criteria, receive and evaluate proposals, and negotiate with respondents under requirements set forth by district resolution. [1999 c 165 § 7.] 35.57.080 Purchases and sales —Procedures. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in RCW 43.19.1906 and 43.19.1911 for all purchases, contracts for purchase, and sales. [1999 c 165 § 8.] 35.57.090 Revenue bonds —Limitations. (1) A public facilities district may issue revenue bonds to fund revenue -generating facilities, or portions of facilities, which (2000 Ed.) 35.57.040 it is authorized to provide or operate. Whenever revenue bonds are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are funded by the revenue bonds. This amount or proportion shall be a lien and charge against these revenues, subject only to operating and maintenance expens- es. The board shall have due regard for the cost of opera- tion and maintenance of the public improvements, projects, or facilities, or additions, that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged. The board may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold. (2) Revenue bonds issued under this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created under RCW 39.44.140. The owner or bearer of a revenue bond or any interest coupon issued under this section shall not have any claim against the district arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created under RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued under this section. (3) Revenue bonds with a maturity in excess of thirty years shall not be issued. The board of directors of the district shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denomina- tions, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued. [1999 c 165 § 9.] 35.57.100 Tax on admissions. A public facility district may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to a regional center. This includes a tax on persons who are admitted free of charge or at reduced rates if other persons pay a charge or a regular higher charge for the same privileges or accommodations. The term "admission charge" includes: (1) A charge made for season tickets or subscriptions; [Title 35 RCW—page 187] 35.57.100 Title 35 RCW: Cities and Towns (2) A cover charge, or a charge made for use of seats 35.58.160 Metropolitan council —Compensation —Waiver of compensa- and tables reserved or otherwise, and other similar accom- lion. modations; 35.58.170 Corporation name and seal. (3) A charge made for food and refreshment if free 35.58.180 General powers of corporation. entertainment, recreation, or amusement is provided; 35.58.190 35.58.200 Performance of function or functions —Commencement date. Powers relative to water pollution abatement. (4) A charge made for rental or use of equipment or 35.58.210 Metropolitan water pollution abatement advisory committee. facilities for purposes of recreation or amusement; if the 35.58.215 Powers relative to systems of sewerage. rental of the equipment or facilities is necessaryto the 35.58.220 Powers relative to water supply. enjoyment of a privilege for which a general admission is 35.58.230 35.58.240 Metropolitan water advisory committee. Powers relative to transportation. charged, the combined charges shall be considered as the 35.58.245 Public transportation function —Authorization by election admission charge; required —Procedure. (5) Automobile parking charges if the amount of the 35.58.250 Other local public passenger transportation service prohibit - charge is determined according to the number of passengers P g 35.58.260 ed—Agreements—Purchase—Condemnation. in the automobile. [1.999 e 165 § 10.] 35.58.265 Transportation function=Acquisition of city system. Acquisition of existing transportation system —Assumption of labor contracts —Transfer of employees —Preservation 35.57.110 Tax on Vehicle parking charges. A public P g g P of employee benefits —Collective bargaining. facility district may levy and fix a tax on any vehicle 35.58.268 Public transportation employees —Payroll deduction for parking charges imposed at any parking facility that is 35.58.270 political action committees. . Metropolitan transit commission. owned or leased by the public facility district as part Of a 35.58.271 Public transportation in municipalities —Financing. regional center. No county or city or town within which the 35.58.2711 Local sales and use taxes for financing public transportation regional center is located may impose a tax of the same or 35.58.2712 systems. Public transportation feasibility study —Advanced financial similar kind on any vehicle parking charges at the facility. support payments. For the purposes of this section, "vehicle parking charges" 35.58.272 Public transportation systems —Definitions. means only the actual parking charges exclusive of taxes and 35.58.2721 Public transportation systems —Authority of municipalities service charges and the value of an other benefit conferred. Y to acquire, operate, etc. —Indebtedness —Bond issues. The tax authorized under this section shall be at the 35.58.273 Public transportation systems —Motor vehicle excise tax rate of riot more than ten percent. [1999 c 165 § I1.] authorized —Credits —Public hearing on route and de - sign —Rules —Sales and use tax on rental cars. 35.58.274 Public transportation systems —Motor vehicles exempt from 35.57.900 Severability-1999 a 165. If any provision 35.58.275 tax. Public transportation systems —Provisions of motor vehicle of this act or its application to any person or circumstance is excise tax chapter applicable. held invalid, the remainder of the act or the application of 35.58.276 Public transportation systems —When tax due and payable — the provision to other persons or circumstances is not Collection. affected. [1999 c 165 § 23.] 35.58.277 Public transportation systems —Remittance of tax by county auditor. 35.58.278 Public transportation systems —Distribution of tax. 35.58.279 Public transportation systems —Crediting and use of tax Chapter 35.58 revenues. METROPOLITAN MUNICIPAL CORPORATIONS 35.58.2791 Public transportation systems—Intemal combustion equip- ment to comply with pollution control standards. Sections 35.58.2792 Public transportation systems —Parking facilities to be in conjunction with system stations or transfer facilities. 35.58.010 Declaration of policy and purpose. 35.58.2794 Public transportation systems —Research, testing, develop- 35.58.020 Definitions. ment, etc., of systems —Powers to comply with federal 35.58.030 Corporations authorized —Limitation on boundaries. laws. 35.58.040 Territory which must be included or excluded —Boundaries. 35.58.2795 Public transportation systems —Six -year transit plans. 35.58.050 Functions authorized. 35.58.2796 Public transportation systems —Annual report by department. 35.58.060 Unauthorized functions to be performed under other law. 35.58.280 Powers relative to garbage disposal. 35.58.070 Resolution, petition for election —Requirements, procedure. 35.58.290 Powers relative to parks and parkways. 35.58.080 Hearings on petition, resolution —Inclusion, exclusion of 35.58.300 Metropolitan park board. territory —Boundaries ---Calling election. 35.58.310 Powers relative to planning. 35.58.090 Election procedure to form corporation and levy tax— 35.58.320 Eminent domain. Qualified voters —Establishment of corporation —First 35.58.330 Powers may be exercised with relation to public rights of meeting of council. way without franchise —Conditions. 35.58.100 Additional functions —Authorized by election. 35.58.340 Disposition of unneeded property. 35.58.110 Additional functions —Authorized without election. 35.58.350 Powers and functions of metropolitan municipal corpora- 35.58.112 Recommended comprehensive plan for performance of addi- tion—Where vested —Powers of metropolitan council. tional function —Study and preparation. 35.58.360 Rules and regulations —Penalties —Enforcement. 35.58.114 Recommended comprehensive plan for performance of addi- 35.58.370 Merit system. tional function —Resolution for special election to autho- 35.58.380 Retention of existing personnel. rize additional function —Contents —Hearings —Election 35.58.390 Prior employees pension rights preserved. procedure. 35.58.400 Prior employees sick leave and vacation rights preserved. 35.58.116 Proposition for issuance of general obligation bonds or levy 35.58.410 Budget —Expenditures —Revenue estimates —Requirements of general tax —Submission at same election or special for a county assuming the powers of a metropolitan election. municipal corporation. 35.58.120 Metropolitan council —Composition. 35.58.420 Supplemental income payments by component city and 35.58.130 Metropolitan council —Organization, chairman, procedures. county. 35.58.140 Metropolitan council —Terms. 35.58.430 Funds —Disbursements —Treasurer —Expenses —Election 35.58.150 Metropolitan council —Vacancies. expenses. [Title 35 RCW—page 188] (2000 Ed.) STATE Or WASHINGTON. ) COUNTY Or SNOHOMISH, T SUMMARY OF ORDINANCE NO.3 58 o the ity o Edmonds, Washington 'On the 24th day of April, 2001, the City Council of the City of Edmonds, passed Ordrn&ice No. 3358. A summary of the content of said ordinance, consist! �`ng of thet le yrovides as follows: ^ram CHAPTER 165, LAWS OF 1999, STATE OF WASHINGTOh INCLUDING THE AUTHORITY TO ACQUIRE, CONSTRUCT, OWh FINANCE, AND OPERATE A REGIONAL CENTER, AND FIXING TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of April, 2001. CITY CLERK, SANDRA S. CHASE Published: April 29, 2001. ■s Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Summarg..of Ordinance ............................................................. .City. ... .... of Edmonds............................................................................................................................. ...................................................................................................................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: Apr....il ....29........ 2.001...................... ................................................................................................ ................................ ..............................:............................... .............................. that said newspaper was regularly distributed to its subscribers "Ofsaidiod...... ... ......................... Principal Clerk Subscribed and sworn before me this..... 30th.___....... 20.0... State of Washington, Ih County. RECEIVED MAY 0 1 2001 EDMONDS CITY CLERK 5-2-1