HomeMy WebLinkAboutResolution No. 2022-019 A Resolution of the Arlington City Council, the Governing Board of the Transportation Benefit District of the City of Arlington, Washington, Providing for a Ballot Proposition.. RESOLUTION NO. 2022-019
A RESOLUTION OF THE ARLINGTON CITY COUNCIL, THE GOVERNING
BOARD OF THE TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF
ARLINGTON, WASHINGTON, PROVIDING FOR A BALLOT PROPOSITION TO
BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON
FEBRUARY 14, 2023 TO RENEW AND CONTINUE TO IMPOSE A SALES AND
USE TAX IN THE AMOUNT OF TWO-TENTHS OF ONE PERCENT (0.2%)
WITHIN THE BOUNDARIES OF THE DISTRICT FOR THE PURPOSE OF
FINANCING A PORTION OF THE COSTS ASSOCIATED WITH THE PROJECTS
IDENTIFIED IN THE CITY'S TRANSPORTATION IMPROVEMENT PROGRAM.
WHEREAS, the City of Arlington (the "City"} approved Ordinance No. 2013-
005 on April 1, 2013, creating the Transportation Benefit District of the City of
Arlington, Washington (the "District") pursuant to chapter 36.73 RCW; and,
WHEREAS, the District was authorized pursuant to RCW 36.73.040(3)(a) to
impose a sales and use tax in accordance with RCW 82.14.0455 in the amount of two-
tenths of one percent (0.2%) for a period of ten years upon a favorable vote of
the qualified electors within the District for the purpose of financing certain
transportation improvements; and,
WHEREAS, the ballot measure to impose the tax was approved by the voters
and the District has been collecting that tax since 2014; and
WHEREAS, the Arlington City Council adopted Ordinance No. 2018-001 on
February 20, 2018 assuming the rights, powers, functions, immunities and
obligations of the Arlington Transportation Benefit District effective January 1, 2018
pursuant to the authority of RCW 36.74; and
WHEREAS the City of Arlington's sole objective during the first 10-year term
of the Transportation Benefit District was for the pavement preservation of the City's
roadway system, and
WHEREAS the City of Arlington's primary objectives during the second 10-
year term of the Transportation Benefit District shall be neighborhood traffic
calming, pavement preservation, transportation safety improvements, and other
transportation capital improvements in City of Arlington Transportation
Improvement Plans, and
RESOLUTION 2022—019 1
WHEREAS,the City wishes to renew the sales and use tax as an allowable and
feasible source of revenue identified in chapter 36.73 RCW to finance these
transportation and capital improvement projects; and,
WHEREAS, if such renewal is approved by the voters, the sales and use tax
will continue to apply to persons who shop and thereby use the roads in the City and
not just to City residents;
NOW THEREFORE, THE ARLINGTON CITY COUNCIL AS THE GOVERNING
BOARD OF THE TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF
ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Arlington City Council as the governing Board of the
District (the "Council") hereby finds that the best interests of the inhabitants of
the District require the District to renew and continue to impose a sales and
use tax in the amount of two-tenths of one percent (0.2%) pursuant to RCW
36.73.040(3)(a) and RCW 82.14.0455 for the purpose of providing a portion of
the funds necessary to finance transportation improvement projects including
(together, the "Project"):
(1) Neighborhood Traffic Calming Projects,
(2) Pavement Preservation Projects,
(3) Transportation Safety Improvement Projects, and
(4) Other Transportation Capital Improvements as contained in City of
Arlington adopted Transportation Improvement Plans.
Section 2. It is hereby found and declared that the best interests of the
District require the submission to the qualified electors of the District of the
proposition whether the District shall renew and continue to impose a sales and
use tax within the limitations established in RCW 82.14.0455 for their ratification
or rejection at an election to be held on February 14, 2023. For the purpose of
providing funds necessary to pay or finance a portion of the costs of the Project, the
Snohomish County Auditor,as ex officio supervisor of elections in Snohomish County,
Washington, is hereby requested to call and conduct such election to be held within
the District on such day and to submit to the qualified electors of the District for their
approval or rejection, a proposition to renew and continue to impose a sales and use
tax in the amount of two-tenths of one percent (0.2%) of the selling price in the
case of a sales tax, or value of the article used, in the case of the use tax. The sales
and use tax authorized by this section is in addition to any other taxes authorized by
RESOLUTION 2022-019 2
law, shall be collected from those persons who are taxable by the State of
Washington under chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the boundaries of the District,and shall be imposed for a period
of ten years from its first date of collection.
Upon voter approval of the voters of the proposition hereinafter set forth,
the District may use proceeds of such sales and use tax for the purpose of paying or
financing a portion of the costs of the Project. The City Clerk is hereby authorized
and directed to certify said proposition to said official in substantially the following
form:
TRANSPORTATION BENEFIT
DISTRICT OF THE CITY OF
ARLINGTON, WASHINGTON
RENEWAL OF SALES AND USE TAX
LEVY FOR TRANSPORTATION
IMPROVEMENT PROGRAM
The Governing Board of the Transportation Benefit
District of the City of Arlington, Washington,
adopted Resolution No. 2022-019 concerning a sales
and use tax to finance transportation improvements.
This proposition would authorize the renewal and
continued imposition of a sales and use tax of two-
tenths of one percent (0.2%) to be collected within
the District in accordance with RCW 82.14.0455 for
a term of ten years for the purpose of paying or
financing a portion of the costs of transportation
improvement projects identified in the City of
Arlington Transportation Improvement Program,
sidewalk and street repair and improvements, and
model connectivity projects. Should this proposition
be renewed?
YES....................................
NO....................................
Section 3. Copies to be Filed With Snohomish County Auditor. The City
Clerk, or her designee, is hereby authorized and directed to provide to the
Auditor a certified copy of this resolution and to perform such other duties as
are necessary or required by law to the end that the proposition described
in this resolution appears on the ballot at the February 14, 2023 special election.
RESOLUTION 2022—019 3
All actions taken prior to the effective date of this resolution and in furtherance of
this objective are hereby ratified and confirmed.
Section 4. Local Voter's Pamphlet. The City Council requests, pursuant to
Revised Code of Washington (RCW) 29A.32.210,that Snohomish County authorize
the publication and distribution of a local voters' pamphlet for the February 14,
2023 special election.
Section 5. Implementation. The Mayor and City Attorney are authorized
to make such minor adjustments to the wording of such proposition as may be
recommended by the Snohomish County Auditor, as long as the intent of the
proposition remains clear and consistent with the intent of this Resolution as
approved by the City Council.
Section 6. Severability. If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this
resolution.
ADOPTED BY THE ARLINGTON CITY COUNCIL AS THE GOVERNING BOARD OF THE
TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF ARLINGTON, WASHINGTON THIS
7th day of November, 2022.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy V n Der Meersche, City Clerk
APPROVED AS TO FORM:
Steve . Peiffle, City Attorney
RESOLUTION 2022—019 4