Ordinance 37070006.900000
ERZ /WSS /gjz
10/17/08
R:11/7/0 8gj z
ORDINANCE NO. 3707
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE EDMONDS CITY CODE TO ENACT A NEW
CHAPTER 3.65 EDMONDS TRANSPORTATION BENEFIT
DISTRICT, ESTABLISHING A TRANSPORTATION BENEFIT
DISTRICT, SPECIFYING THE BOUNDARIES FOR THE
TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE
MAINTENANCE AND PRESERVATION OF EXISTING
TRANSPORTATION IMPROVEMENTS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds has the responsibility under
the Constitution of the State of Washington for the improvement, maintenance, protection and
operation of public ways within the corporate limits of the City pursuant to RCW 35A.11,020
and Chapter 35A.47 RCW; and
WHEREAS, the improvement, maintenance, protection and operation of public
ways requires preserving existing transportation improvements to avoid both catastrophic failure
of the improvements which would require significant additional funds to reconstruct, as well as
their gradual deterioration; and
WHEREAS, the number one priority in the "Washington Transportation Plan for
2007 - 2026" adopted by the Washington Transportation Commission ( "State Transportation
Plan ") is to preserve and extend prior investments in existing transportation facilities and the
services they provide to people and commerce; and
{ WSS710025.DOC;1 /00006.900000/} 1
WHEREAS, the State Transportation Plan identifies in Section II that there is no
more fundamental transportation investment than existing system preservation — keeping the
physical infrastructure in safe and efficient operating condition; and
WHEREAS, the State Transportation Plan on page 72 establishes unfunded high
priorities of state -wide significance and includes the need to "[p]reserve, maintain and operate
city streets $6 billion" thereby recognizing that the shortfall in funding to preserve, maintain and
operate city streets is a matter of state -wide significance and accordingly, an eligible
transportation improvement listed on the state plan within the meaning of RCW 36.73.015; and
WHEREAS, the investment principles from the Puget Sound Regional Council
"Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region" state
that the first priority should be to maintain, preserve, make safe, and optimize existing
transportation infrastructure and services and Regional Transportation Policy 8.3 identifies the
importance of maintaining and preserving the existing urban and rural transportation systems in a
safe and usable state; and
WHEREAS, the City has limited transportation funding to pay for necessary
transportation preservation and maintenance; and
WHEREAS, the funding dedicated for the preservation and maintenance of the
City's transportation infrastructure has been dramatically reduced due to the passage of Initiative
695 in 1999 and Initiative 776 in 2002, resulting in the significant loss of Motor Vehicle Excise
Taxes and Snohomish County Local Vehicle License fees; and,
WHEREAS, while dedicated revenues have decreased, the ongoing annual costs
to preserve and maintain the City's transportation infrastructure continue to rise leaving the City
{ WSS710025.DOC;1 /00006.900000/} 2
unable to continue to adequately preserve and maintain the City's transportation infrastructure;
and
WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation
benefit districts and for the levying of additional revenue sources for transportation
improvements within the District that are consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and
WHEREAS, RCW 35.21.225 authorizes the City Council to establish a
transportation benefit district subject to the provisions of Chapter 36.73 RCW; and
WHEREAS, the City desires to form a Transportation Benefit District which
includes the entire City of Edmonds as the boundaries currently exist or as they may exist
following future annexations; and
WHEREAS, prior to establishing a Transportation Benefit District, the City
Council shall conduct a public hearing upon proper notice, which shall describe the functions
and purposes of the proposed Transportation Benefit District; and
2008; and
WHEREAS, the ordinance was introduced and had first reading on November 3,
WHEREAS, the City provided notice of and conducted the public hearing on
November 18, 2008, regarding the proposed establishment of a Transportation Benefit District in
accordance with RCW 36.73.050; and
WHEREAS, the City Council of the City of Edmonds finds it to be in the best
interests of the City to establish a citywide Transportation Benefit District for the preservation
and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW,
to protect the City's long -term investments in that infrastructure, to reduce the risk of
{ W SS710025. DOC;1 /00006.900000/} 3
transportation facility failure, to improve safety, to continue optimal performance of the
infrastructure over time, and to avoid more expensive infrastructure replacements in the future;
and
WHEREAS, the City Council of the City of Edmonds shall be the governing body
for the Transportation Benefit District acting in an ex officio and independent capacity; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is to establish a
Transportation Benefit District pursuant to RCW 35.21.225 and RCW 36.73. The City Council
finds it is in the public interest to provide adequate levels of funding for the purposes of ongoing
transportation improvements that preserve, maintain and as appropriate construct or reconstruct
the transportation infrastructure of the City of Edmonds, consistent with Chapter 36.73 RCW.
Section 2. Creation of New City Code Chapter Providing for Formation of a
Transportation Benefit District. The City of Edmonds adopts a new chapter to the Edmonds
Municipal Code 3.65 "Edmonds Transportation Benefit District," which is set forth as follows:
3.65.010 Establishing transportation benefit district.
There is created a transportation benefit district to be known as the
Edmonds Transportation Benefit District or "District" with
geographical boundaries comprised of the corporate limits of the
City as they currently exist or as they may exist following future
annexations.
3.65.020 Governing board.
A. The governing board of the transportation benefit district
shall be the Edmonds City Council acting in an ex officio and
independent capacity, which shall have the authority to exercise
the statutory powers set forth in Chapter 36.73 RCW.
{ WSS710025. DOC;1 /00006.900000/} 4
B. The treasurer of the transportation benefit district shall be
the City Finance Director.
C. The board shall develop a material change policy to address
major plan changes that affect project delivery or the ability to
finance the plan, pursuant to the requirements set forth in RCW
36.73.160(1). At a minimum, if a transportation improvement
exceeds its original cost by more than twenty percent, as identified
in the District's original plan, a public hearing shall be held to
solicit public comment regarding how the cost change should be
resolved.
D. The board shall issue an annual report, pursuant to the
requirements of RCW 36.73.160(2).
3.65.030 Functions of the District.
The District board may authorize a vehicle tax fee of up to $20 per
vehicle as provided for by RCW 82.80.140. Any expansion of the
authorized purposes of the District shall be undertaken only after
notice, hearing and adoption of an ordinance in accordance with
RCW 36.73.050(2)(b) or a vote of the people pursuant to RCW
36.73.065(3).
B. When authorized by the voters pursuant to the requirements
of Chapter 36.73, other taxes, fees, charges and tolls or increases in
these revenue services may be assessed for the preservation,
maintenance and operations of City streets. Additional
transportation improvements may be added to the functions of the
District upon compliance with the requirements of said chapter.
C. The Board shall have and exercise all powers and functions
provided by Chapter 36.73 to fulfill the functions of the District.
3.65.040 Transportation improvements funded.
The funds generated by the transportation benefit district shall be
used for transportation improvements that preserve, maintain and
operate the existing transportation infrastructure of the City,
consistent with the requirements of Chapter 36.73 RCW. The
funds may be utilized for any lawful purpose under the Chapter;
but all funds raised through the TBD shall be expended only for
such preservation, maintenance and operation in accordance with
the provisions of Chapter 36.73 RCW as the same exists or is
hereafter amended. The funds expended by the District shall
{ WSS710025.DOC;1 /00006.900000/} 5
preserve, maintain and operate the City's previous investments in
the transportation infrastructure, reduce the risk of transportation
facility failure, improve safety, continue the cost - effectiveness of
the City's infrastructure investments, and continue the optimal
performance of the transportation system. Additional
transportation improvement projects may be funded only after
compliance with the provisions of RCW 36.73.050(b) following
notice, public hearing and enactment of an authorizing ordinance.
3.65.050 Dissolution of District.
The transportation benefit district shall be automatically dissolved
when all indebtedness of the District has been retired and when all
of the District's anticipated responsibilities have been satisfied,
Street preservation, maintenance and operation are ongoing, long-
term obligations of the City. In order to comply with the
dissolution requirement of RCW 36.73.050, the Washington State
Transportation Plan 2007 -2026 timeframe is hereby adopted and
the District shall automatically be dissolved 18 years from the
effective date of this ordinance.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause or phrase of this ordinance.
Section 4. Effective Date. Pursuant to RCW 35A.47.040, this ordinance has been
passed at least five days after its first introduction and by a majority of the whole membership of
the City Council at a regular meeting. This ordinance, being the exercise of a power specifically
delegated to the City's legislative body, is not subject to referendum, and shall take effect five
(5) days after passage and publication of an approved summary consisting of the title.
" HILA"D
— /J-Xv� -
MAY R GA HAAKENSON
{ WSS710025. DOC;1 /00006.900000/} 6
ATTEST /AUTHENTICATED:
�� �Z • eL4...,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ) 5i�5�
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 11/14/2008
PASSED BY THE CITY COUNCIL: 11/18/2008
PUBLISHED: 11/23/2008
EFFECTIVE DATE: 11/28/2008
ORDINANCE NO. 3707
{ WSS710025.DOC;1 /00006.900000/} 7
SUMMARY OF ORDINANCE NO. 3707
of the City of Edmonds, Washington
On the 18th day of November, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3707. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS CITY CODE TO ENACT A NEW CHAPTER 3.65 EDMONDS
TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A TRANSPORTATION
BENEFIT DISTRICT, SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION
BENEFIT DISTRICT, SPECIFYING THE MAINTENANCE AND PRESERVATION OF
EXISTING TRANSPORTATION IMPROVEMENTS, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of November, 2008.
CITY CLERK, SANDRA S. CHASE
{ W SS710025. DOC;1 /00006.900000/} 8
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
SUM
l
Oil the 18th t
the City. of Edm
trt- tcnvtr
.The full teid of this Otdi
DATED this 19th day`oi
Published: November 23,
0. 3707
ington
he City Council of
No. 3707. A. sum
?sisting of the title,
a will be mailed upon request.
.mbei; 2008.
'CLERK, SANDRA St CHASE
The undersigned, being first duly swom 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
Summary of Ordinance No. 3707
Amending the Edmonds City Code re:
Edmonds Transportation Benefit District
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:
November 23, 2008
and that said newspaper was regularly distributed to its subscribers during all of said period.
-9"�r Principal Clerk
Subscribed and swom to before me this 24th
E4, TEA Y E
day Novembe )008
of
DEC 0 8 2005'
Notary Public in and r the State of Wa��l %Ni% � ii �t ;verett, Snohomish
AA� ��yy ((�t CITY D�'
lV1�ly�J! 1 LL�[1
County.
`a`'tttttNq
XYA iy /z
—_ L.
Account Name: (;ity of Edmonds
;
Account Number: 101416 ;� j �(� Ord�S�� p�ber. 0001624589
,d v _
�`�
44
OF S