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
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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
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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
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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
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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.
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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
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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
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Public Facilities Districts (PFDs) Page 1 of 3
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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
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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