2009.02.17 Transportation Benefit District Board A
AGENDA
City of Edmonds
Transportation Benefit District Board
Council Chambers, Public Safety Complex
250 5th Ave. North, Edmonds
______________________________________________________________
February 17, 2009
8:30 p.m.
Call to Order
1. Approval of Agenda
2. Approval of Consent Agenda Items
A. Roll Call
B. AM-2090 Approval of Transportation Benefit District Meeting Minutes of February 3, 2009.
3. AM-2087
(45 Minutes)
Public Hearing on an Ordinance of the City of Edmonds, Washington Transportation
Benefit District authorizing a vehicle license fee, and fixing a time when the same shall
become effective.
4.Audience Comments (3 minute limit per person)
5. AM-2106
(15 Minutes)
Discussion of Draft Interlocal Agreement between the City of Edmonds, Washington,
and the Edmonds Transportation Benefit District.
6. (15 Minutes)Board Comments
Adjourn
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AM-2090 2.B.
Approve Draft 02-03-09 TBD Meeting Minutes
Transportation Benefit District Board
Date:02/17/2009
Submitted By:Sandy Chase Time:Consent
Department:City Clerk's Office Type:Action
Information
Subject Title
Approval of Transportation Benefit District Meeting Minutes of February 3, 2009.
Previous TBD Action
N/A
Narrative
Attached is a copy of the draft minutes.
Fiscal Impact
Attachments
Link: 02-03-09 Draft TBD Minutes
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 02/10/2009 11:31 AM APRV
2 Mayor Gary Haakenson 02/10/2009 11:45 AM APRV
3 Final Approval Sandy Chase 02/10/2009 04:16 PM APRV
Form Started By: Sandy
Chase
Started On: 02/10/2009 11:29
AM
Final Approval Date: 02/10/2009
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Edmonds TBD Draft Minutes
February 3, 2009
Page 1
CITY OF EDMONDS
TRANSPORTATION BENEFIT DISTRICT BOARD
DRAFT MINUTES
February 3, 2009
The Edmonds Transportation Benefit District meeting was called to order at 7:15 p.m. by Board Member
D. J. Wilson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with
the flag salute.
OFFICIALS PRESENT
D. J. Wilson, Board President
Ron Wambolt, Board Vice President
Michael Plunkett, Board Member
Peggy Pritchard Olson, Board Member
Steve Bernheim, Board Member
Dave Orvis, Board Member
Strom Peterson, Board Member
STAFF PRESENT
Al Compaan, Police Chief
Stephen Clifton, Community Services/Economic
Development Director
Noel Miller, Public Works Director
Kathleen Junglov, Finance Director
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
BOARD MEMBER BERNHEIM MOVED, SECONDED BY BOARD MEMBER WAMBOLT, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
BOARD MEMBER WAMBOLT MOVED, SECONDED BY BOARD MEMBER PETERSON, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda item
approved is as follows:
A. ROLL CALL
3. REVIEW AND APPROVAL OF CHARTER AND BYLAWS
Community Services/Economic Development Director Stephen Clifton explained on November 18, 2008
the City Council adopted Ordinance No. 3707 which formed the Transportation Benefit District (TBD).
Tonight is the first meeting of the TBD. Under the TBD legislation, the City Council acts in an ex-officio
capacity and serves as the Board of the TBD.
He explained the charter incorporates the TBD and specifies its rights. The bylaws contain the rules that
govern the TBD. He noted three board members met with Public Works Director Noel Miller, City
Attorney Scott Snyder and him to review the initial draft of the charter and bylaws.
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Edmonds TBD Draft Minutes
February 3, 2009
Page 2
City Attorney Scott Snyder explained Ordinance No. 3707 which created the TBD had a very narrow
focus: to use the up to $20 license fee to perform maintenance functions for the City’s streets and
infrastructure. Article VI of the charter states four votes of the Board are required to impose the levy; all
meetings of the Board are subject to the Open Public Meetings and Records Act; public hearings are
required before the Board can exercise any of the authorities it has been granted; and after the Board
authorizes funding, its major functions will be to adopt a work plan and later in the year to review the
progress of the work plan to determine whether the funds raised were sufficient to complete the tasks the
Board approved. Adoption of a funding source, adoption of a material change policy, adoption of an
annual report and any response to project over or under-runs will require the action of at least four Board
Members after a public hearing is held.
Mr. Snyder explained the bylaws provide for election of three officers: President, Vice President and
Treasurer. Under the statute, the Treasurer must be the City’s Finance Director. The bylaws include
Robert’s Rules of Order as the primary authority for procedures and four members can change or suspend
the rules at any time. Any changes to the charter or bylaws require notice, public hearing and action by at
least four board members.
Mr. Clifton explained an ordinance would be presented to the Board in a few weeks to adopt the up to $20
annual vehicle license fee and a budget.
Board Member Wambolt asked when citizens would begin paying the vehicle license fee. Mr. Clifton
answered the legislation establishing the TBD allows collections to begin six months after the TBD
ordinance was adopted which would be February 2009. However, the Department of Licensing and
Department of Revenue will not be ready to begin collecting the fee until September/October 2009 due to
the time necessary to put in place procedures for collecting the fees.
Mr. Snyder pointed out the Governmental Accounting Act requires any fund of the City or public agency
pay for its costs when provided by another public agency. Services provided to the TBD will need to be
reimbursed to the City’s General Fund. The mechanism for doing that will be discussed at a future
meeting.
BOARD MEMBER WAMBOLT MOVED, SECONDED BY BOARD MEMBER BERNHEIM, TO
APPROVE THE CHARTER FOR THE TRANSPORTATION BENEFIT DISTRICT. MOTION
CARRIED UNANIMOUSLY.
BOARD MEMBER BERNHEIM MOVED, SECONDED BY BOARD MEMBER WAMBOLT, TO
APPROVE THE BYLAWS FOR THE TRANSPORTATION BENEFIT DISTRICT. MOTION
CARRIED UNANIMOUSLY.
4. ELECTION OF BOARD OFFICERS
BOARD MEMBER WAMBOLT NOMINATED D. J. WILSON AS PRESIDENT OF THE CITY
OF EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD. BOARD MEMBER ORVIS
SECONDED THE NOMINATION.
BOARD MEMBER PLUNKETT MOVED THAT NOMINATIONS BE CLOSED. BOARD
MEMBER WILSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
THE VOTE ON THE NOMINATION OF D. J. WILSON AS PRESIDENT OF THE CITY OF
EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD CARRIED UNANIMOUSLY.
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Edmonds TBD Draft Minutes
February 3, 2009
Page 3
BOARD PRESIDENT WILSON NOMINATED RON WAMBOLT AS VICE PRESIDENT OF THE
CITY OF EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD.
HEARING NO FURTHER NOMINATIONS, BOARD PRESIDENT WILSON CLOSED
NOMINATIONS FOR BOARD VICE PRESIDENT.
THE VOTE ON THE NOMINATION OF RON WAMBOLT AS VICE PRESIDENT OF THE
CITY OF EDMONDS TRANSPORTATION BENEFIT DISTRICT BOARD CARRIED
UNANIMOUSLY.
5. AUDIENCE COMMENTS
Joan Bloom, Edmonds, a member of the City’s Transportation Committee, pointed out neither the charter
nor the bylaws referenced seeking input from the Transportation Committee. City Attorney Scott Snyder
responded the Transportation Committee was a function of the City Council and the TBD was a separate
governmental entity. The TBD Board could discuss a mechanism for the Transportation Committee’s
input at a future meeting. On behalf of the Transportation Committee, Ms. Bloom requested their input
be included in a formal manner.
Mr. Snyder explained in future weeks staff will present a work plan and calendar for the coming year.
There will be an opportunity for the public and the Transportation Committee to provide input via the
process to adopt the work plan.
6. BOARD COMMENTS
Board Member Bernheim echoed Ms. Bloom’s comment about seeking input from the Transportation
Committee. He pointed out the members are appointed by the Mayor and provide the public’s
perspective regarding transportation issues.
7. ADJOURN
With no further business, the Board meeting was adjourned at 7:32 p.m.
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AM-2087 3.
Transportation Benefit District (TBD) - Public Hearing on TBD Ordinance
Authorizing a Vehicle License Fee
Transportation Benefit District Board
Date:02/17/2009
Submitted By:Stephen Clifton
Submitted For:Transportation Benefit District Time:45 Minutes
Department:Community Services Type:Action
Information
Subject Title
Public Hearing on an Ordinance of the City of Edmonds, Washington Transportation
Benefit District authorizing a vehicle license fee, and fixing a time when the same shall
become effective.
Previous TBD Action
On February 3, 2009, the Edmonds Transportation Benefit District (TBD) Board adopted the City
of Edmonds TBD charter and bylaws which will lay a foundation for how the Transportation
Benefit District is to function.
Narrative
Pursuant to Ordinance No. 3707 of the City, passed on November 18, 2008, the City authorized
and approved the creation of an Edmonds Transportation Benefit District (TBD), designated as the
Edmonds Transportation Benefit District, coextensive with the boundaries of the City, for the
purpose of exercising certain powers available under the Statute as limited by the ordinance,
codified as Chapter 3.65 of the Edmonds City Code. The governing board of the Transportation
Benefit District is the Edmonds City Council acting in an ex officio and independent capacity per
RCW 36.73.020(3).
Pursuant to Section 3.65.030 of Ordinance 3707, the TBD Board may authorize a vehicle tax fee
of up to $20 per vehicle as provided for by RCW 82.80.140. According to Section 3.65.040, 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
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.
As discussed during the November 18, 2008 City Council meeting, funds generated by the
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transportation benefit district will be used to pay for Street Operations related to maintenance and
preservation of the roadway network. As indicated on page 59 of the City of Edmonds 2009 –
2010 Budget, annual subsidies or transfers from the General Fund to the Street Operations Fund
have been, and continue to be, increasing. In 2009 and 2010, this subsidy is expected to reach
approximately $700,000 and $770,000 respectively. Section 1 of the attached draft Ordinance, if
adopted by the TBD Board, would establish an annual vehicle fee in the amount of $20, consistent
with RCW 36.73.065 to be collected by the Washington Department of Licensing on qualifying
vehicles, as set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW. Establishment of a
$20 vehicle license fee will begin to reduce, in part, the City's General Fund subsidy, and help
preserve and maintain the City’s transportation infrastructure
Column B of the attached spreadsheet contains a list of budgeted Street Operations Expenditures
for year 2009. Column E of the spreadsheet contains portions of each line item (highlighted in
green) that qualifies for TBD funding. The total expenditure in Column E ($805,282) will exceed
the amount of funding that is estimated to be generated ($179,347 - $239,130) by the Edmonds
TBD for the later 3-4 months year 2009. As explained within the previous paragraph, the TBD
generated amount will only reduce, not replace, the City's general fund subsidy for Street
Operations in 2009.
Fiscal Impact
Fiscal Year:2009
Revenue:$179,347 - $239,347
Expenditure:$179,347 - $239,347
Fiscal Impact:
The estimated TBD generated revenue is subject to change based on actual numbers from the
Departments of Licensing and Revenue at the time fees are collected. The range relates to a $20
annual vehicle license fee being collected for the months of September or October through
December of 2009.
Expeditures relate to the amount that will be used to fund, in part, Street Operations (see attached
City of Edmonds 2009 Transportation Benefit District Budget).
Attachments
Link: Exhibit 1 - TBD Ordinance Authorizing Vehicle License Fee
Link: Exhibit 2 - TBD Budget for Year 2009
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 02/12/2009 03:10 PM APRV
2 Mayor Gary Haakenson 02/12/2009 04:17 PM APRV
3 Final Approval Sandy Chase 02/12/2009 04:19 PM APRV
Form Started By: Stephen
Clifton
Started On: 02/09/2009 02:27
PM
Final Approval Date: 02/12/2009
Packet Page 7 of 18
0006.90000
WSS/gjz
2/3/09
R:2/10/09gjz
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON TRANSPORTATION BENEFIT DISTRICT
AUTHORIZING A VEHICLE LICENSE FEE, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Chapter 36.73 RCW and RCW 35.21.255 authorize the City Council
to establish a transportation benefit district within the City’s jurisdiction for the purpose of
acquiring, constructing, improving, providing, and funding 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, the City Council of the City of Edmonds found 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 streets and related infrastructure consistent with Chapter 36.73
RCW, to protect the City’s long term investments in that infrastructure, to reduce the risk of
transportation facility failures and improve safety, to continue optimal performance of the
infrastructure over time, and to avoid more expensive infrastructure replacements in the future;
and
WHEREAS, in Ordinance No. 3707, the City Council of the City of Edmonds
established a Transportation Benefit District as authorized by RCW 35.21.225 and subject to the
provisions of RCW 36.73; and
{WSS718020.DOC;1/00006.900000/} - 1 -
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WHEREAS, the Transportation Benefit District includes the entire City of
Edmonds as the boundaries currently exist; and
WHEREAS, pursuant to RCW 36.73.030(3), the members of the City Council,
acting ex officio and independently, constitute the governing body of the Transportation Benefit
District; and
WHEREAS, RCW 36.73.065 authorizes a transportation benefit district to
impose, by majority vote of the district’s governing board, up to $20 of the vehicle fee
authorized in RCW 82.80.140; and
WHEREAS, the Board of the City of Edmonds Transportation Benefit District
finds it in the best interests of the District to establish an annual vehicle fee in the amount of $20
for the purposes of ongoing transportation improvements that preserve and maintain the
transportation infrastructure of the City of Edmonds, consistent with Chapter 36.73 RCW; NOW,
THEREFORE,
THE BOARD OF THE TRANSPORTATION BENEFIT DISTRICT OF THE
CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Establishment of Annual Vehicle Fee. An annual vehicle fee in the
amount of $20 is established, consistent with RCW 36.73.065 to be collected by the Washington
Department of Licensing on qualifying vehicles, as set forth in RCW 82.80.140 and Chapters
36.73 and 46.16 RCW.
Section 2. Effective Date. This ordinance shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
APPROVED:
DJ WILSON, TBD PRESIDENT
{WSS718020.DOC;1/00006.900000/} - 2 -
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ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY OF EDMONDS TRANSPORTATION BENEFIT DISTRICT
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
{WSS718020.DOC;1/00006.900000/} - 3 -
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{WSS718020.DOC;1/00006.900000/}- 4 -
SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington Transportation Benefit District
On the ____ day of ___________, 2009, the City of Edmonds Transportation
Benefit District, passed Ordinance No. _____________. A summary of the content of said
ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON TRANSPORTATION
BENEFIT DISTRICT AUTHORIZING A VEHICLE LICENSE FEE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________, 2009.
CITY CLERK, SANDRA S. CHASE
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AM-2106 5.
Interlocal Agreement/City of Edmonds and Edmonds Transportation Benefit District
Transportation Benefit District Board
Date:02/17/2009
Submitted By:Stephen Clifton
Submitted For:Edmonds Transporation Benefit District Time:15 Minutes
Department:Community Services Type:Information
Information
Subject Title
Discussion of Draft Interlocal Agreement between the City of Edmonds, Washington, and
the Edmonds Transportation Benefit District.
Previous TBD Action
On February 3, 2009, the Edmonds Transportation Benefit District (TBD) Board adopted the City
of Edmonds TBD charter and bylaws which will lay a foundation for how the Transportation
Benefit District is to function.
Narrative
The attached Draft Interlocal Agreement between the City of Edmonds, Washington, and the
Edmonds Transportation Benefit District (TBD), if adopted by both entities, will serve to help
coordinate efforts to pursue individual, joint and mutual rights and obligations to maintain and
preserve streets and related transportation infrastructure within the City of Edmonds. Sections 1
and 2 of the Agreement define the obligations of the Edmonds TBD and undertakings of the City.
The Agreement also contains sections related to ownership, indemnification, termination, and
effective date of the Agreement.
Fiscal Impact
Attachments
Link: Exhibit 1 - interlocal Agreement Between City of Edmonds and Edmonds TBD
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 02/12/2009 04:51 PM APRV
2 Mayor Gary Haakenson 02/12/2009 04:55 PM APRV
3 Final Approval Sandy Chase 02/12/2009 05:10 PM APRV
Form Started By: Stephen
Clifton
Started On: 02/12/2009 03:49
PM
Final Approval Date: 02/12/2009
Packet Page 14 of 18
AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF EDMONDS, WASHINGTON, AND
THE EDMONDS TRANSPORTATION BENEFIT DISTRICT
This agreement between the City of Edmonds, Washington ("Edmonds"), and the
Edmonds Transportation Benefit District ("TBD"), each of whom is organized as a Municipal
Corporation under the laws of the state of Washington, is dated this ____ day of __________,
2009.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to cooperate
on the basis of mutual advantage;
WHEREAS, Edmonds is empowered to operate, maintain, construct, and reconstruct,
public street infrastructure within its city limits in accordance with the powers granted pursuant
to RCW 35A.11.020 and Chapter 35A.47 RCW;
WHEREAS, pursuant to Ordinance No. 3707, the TBD was created to provide adequate
funding for ongoing transportation improvements that preserve, maintain and, as appropriate,
construct or reconstruct the existing transportation infrastructure of the City of Edmonds
consistent with Chapter 36.73 RCW;
WHEREAS, Edmonds and the TBD desire to better coordinate their efforts in order to
pursue their individual, joint and mutual rights and obligations to maintain and preserve streets
and related transportation infrastructure within the City of Edmonds; NOW, THEREFORE,
The parties have entered into this agreement in consideration of the mutual benefits to be
derived and to coordinate their efforts through the structure provided by the Interlocal
Cooperation Act.
1. Purpose and Interpretation. The City of Edmonds is empowered by Title 35A to
construct, reconstruct, maintain and preserve City streets and other related public infrastructure
either by contract or through the use of City forcers. The TBD has been constituted in
accordance with state law to provide a source of funding for the maintenance and preservation of
streets and related infrastructure within the City limits of the City of Edmonds. The TBD has no
employees and its officers are either City Council Members serving in an ex officio capacity or
are City employees designated to serve under the provisions of state law. In order to make the
most efficient use of public monies, to avoid duplication of effort and to coordinate their efforts,
the parties have entered into this agreement. In the event of ambiguity or the need for guidance
arises, this agreement shall be interpreted in accordance with the provisions of Edmonds City
Ordinance No. 3707, Chapter 36.73 RCW, the Charter of the TBD and the provisions of the
Governmental Accounting Act and RCW 43.09.210 as the same exists or shall hereafter be
amended. In the event that any provision of this agreement is held to be in conflict with existing
state statute or any future amendment thereof, such provisions shall be severable, and the
remaining provisions of this agreement shall remain in full force and effect.
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2. Obligations of the TBD. In accordance with the requirements of Chapter 36.73 RCW,
Ordinance No. 3707, and its charter, the Transportation Benefit District agrees to:
2.1 Provide to the City of Edmonds all funding received from any and all lawful
sources which the TBD in its sole discretion may levy for the purpose of preserving and
maintaining Edmonds streets and related infrastructure.
2.2 Continue the annual provision of funding for street preservation and maintenance
so long as the TBD remains in existence. Such funding shall be in accordance with and limited
by the provisions of Ordinance No. 3707, the charter of the TBD and Chapter 36.73 RCW. By
way of illustration and not limitation:
2.2.1 The TBD shall hold public hearings as required by its charter prior to
levying any charge, tax or fee and shall levy any charge, tax or fee only in accordance with law
and ordinance.
2.2.2 Develop an annual work plan and designate street maintenance and
preservation projects within Edmonds for funding.
2.2.3 Pursuant to a material change policy adopted pursuant to the requirements
of RCW 36.73.160(1), the TBD shall consider at a minimum the impacts and appropriate
remedies if transportation improvements contained in its annual plan exceed its original cost by
more than 20%. The TBD shall consider the input from public hearings and other sources at it
determines how such cost changes should be resolved. The obligations of this agreement shall
be interpreted and applied in a manner consistent with this adopted policy.
3. Undertakings of Edmonds. Edmonds shall:
3.1 Provide all staff and necessary related support to the TBD. The costs of such
support shall be accounted for as a part of the City's annual report to the District. TBD funding
shall first be applied to the reasonable charges incurred in establishing and staffing the TBD.
Annual services provided may include the services provided by the City Attorney, the City Clerk
when serving as the Clerk of the TBD, the City's Finance Director when serving as its Treasurer,
and any associated costs, including but not limited to the preparation of an annual work plan,
reporting, advertising, design, contracting, construction management, accounting, and any and all
other actual charges associated with the proper application of TBD funding to the preservation
and maintenance of City streets and infrastructure in accordance with law and ordinance. In
consideration of the benefits derived by Edmonds, overhead charges such as utilities, information
technology, office supplies, and equipment shall be a contribution of Edmonds to the parties joint
goals and objectives and need not be directly charged to the TBD.
3.2 Maintain for the period established by the State Archivist retention schedule,
financial records, kept in accordance with generally accepted accounting practice and
governmental accounting requirements, as necessary to document that any and all funding
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received through the TBD is used only for the maintenance and preservation of City streets and
infrastructure in accordance with law and ordinance.
3.3 Utilize all funding provided for street maintenance and preservation projects
shown on the TBD's annual work plan in accordance with the TBD's material charge policy law
and ordinance.
4. Ownership. Streets and related transportation infrastructure preserved and maintained
with TBD funds are and shall remain the property of the City of Edmonds. No joint property
ownership is contemplated under the terms of this agreement.
5. No Joint Board. No provision is made for a joint board. The TBD shall exercise its
function in accordance with its charter, using staff as provided by the City of Edmonds, pursuant
to this agreement.
6. No Indemnity. No indemnification is provided by this agreement. The parties agree to
bear their respective liability for any acts or omissions resulting under this agreement as the same
shall be determined under the laws of the state of Washington or any mutually approved
settlement agreement.
7. Termination. This agreement shall terminate or expire as follows:
7.1 This agreement may be terminated by either party upon the provision of three
hundred and sixty-five (365) calendar days notice. A final reconciliation of costs, payment, and
a current report of completed activities shall be completed by Edmonds within such period
following the notice by either party.
7.2 Unless sooner terminated by either party, this agreement shall expire on the date
when the District is automatically dissolved with accordance with provisions of Ordinance No.
3707, as the same exists or is hereafter amended.
8. Effective Date. This agreement shall be effective when listed by subject on the City of
Edmonds' website or other electronically retrievable public source.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above.
CITY OF EDMONDS EDMONDS TRANSPORTATION
BENEFIT DISTRICT
_______________________________ ____________________________________
Gary Haakenson, Mayor D. J. Wilson, President
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{WSS719452.DOC;1/00006.900000/} - 4 -
ATTEST ATTEST
___________________________ ___________________________
Sandra Chase, City Clerk _____________________
APPROVED AS TO FORM APPROVED AS TO FORM
___________________________ ___________________________
W. Scott Snyder, City Attorney ______________________
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