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Home My WebLink About2013-005ORDINANCE NO. 2013-005 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ENACTING A NEW CHAPTER 3.94 OF THE ARLINGTON MUNICIPAL CODE ENTITLED "ARLINGTON TRANSPORTATION BENEFIT DISTRICT"; ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE POWERS AND FUNCTIONS OF THE DISTRICT; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council of the City of Arlington 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 "Washington Transportation Plan 2030" adopted by the Washington Transportation Commission ("State Transportation Plan") identifies the preservation and maintenance of the existing transportation system as the most critical transportation need; and WHEREAS, the State Transportation Plan recognizes 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 ORDINANCE NO. 2013-005 (27-604 SJP/pb) 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 Arlington County Local Vehicle License fees; and WHEREAS, the City of Arlington annually adopts a 6-year Transportation Program pursuant to State Law and has or will adopt an updated Transportation Capital Facilities Plan which identifies necessary improvements to the City's transportation systems; 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 unable to continue to adequately preserve and maintain the City's transportation infrastructure; and WHEREAS, Chapter 36.73 RCW provides for 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 ORDINANCE NO. 2013-005 2 (27-604 SJP/pb) 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 Arlington corporate limits as they 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 WHEREAS, the City provided notice of and conducted the public hearing on April 1, 2013 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 Arlington 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, in order to: protect the City's long-term investments in that infrastructure, reduce the risk of transportation facility failure, improve safety, to continue optimal performance of the infrastructure over time, and avoid more expensive infrastructure replacements in the future; and WHEREAS, the members of the City Council of the City of Arlington 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 ARLINGTON, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: ORDINANCE NO. 2013-005 3 (27-604 SJP/pb) Section 1. Purpose. The purpose of this Ordinance is to establish a Transportation Benefit District pursuant to RCW 35.21.225 and Chapter 36.73 RCW. 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 Arlington, consisting with Chapter 36.73 RCW. Section 2. Creation of New City Code Chapter Providing for Formation of a Transportation Benefit District. The City Council of the City of Arlington hereby adopts a new Chapter 3.94 of the Arlington Municipal Code entitled "Arlington Transportation Benefit District," which shall read as follows: 3.94.010 Establishment of Transportation Benefit District. There is created a transportation benefit district to be known as the Arlington 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. 3.94.020 Governing Board. A. The governing board ("Board") of the transportation benefit district shall be the members of the Arlington 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. The Mayor shall serve as chairperson of the Board. 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). ORDINANCE NO. 2013-005 4 (27-604 SJP/pb) 3.94.030 Functions of the District. A. The District 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 sources may be assessed for the preservation, maintenance and operations of City streets or other transportation improvements specified in an adopted transportation plan. Additional transportation improvements may be added to the functions of the District upon compliance with the requirements of said chapter and approval of the Board. C. The Board shall have and exercise all powers and functions provided by Chapter 36.73 to fulfill the functions of the District. 3.94.040 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, and as approved by the TBD Board of Directors. 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(2)(b) following notice, public hearing and enactment of an authorizing ordinance. 3.94.050 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 ORDINANCE NO. 2013-005 5 (27-604 SJP/pb) 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 16 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. This ordinance shall take effect five (5) days after passage and publication of an approved summary consisting of the title. PASSED by the City Council and APPROVED by the Mayor this A day of 2013. CITY OF ARLINGTON BY " -(A Barbara Tolbert, Mayor Attest: By;,-K- cut K----_ tin Banhel , City C1 rk Approved as to form: By tvJeA,,PeNJ".ity Attorney ORDINANCE NO. 2013-005 6 (27-604 SJP/pb) SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on April 1, 2013, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2013-005 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ENACTING A NEW CHAPTER 3.94 OF THE ARLINGTON MUNICIPAL CODE ENTITLED "ARLINGTON TRANSPORTATION BENEFIT DISTRICT"; ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE POWERS AND FUNCTIONS OF THE DISTRICT; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE." This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. 1 , Kristin nfield City Cler City of Arlington CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2013-005 was approved at the April 1, 2013 City Council meeting. ORDINANCE 42013-005 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ENACTING A NEW CHAPTER 3.94 OF THE ARLINGTON MUNICIPAL CODE ENTITLED "ARLINGTON TRANSPORTATION BENEFIT DISTRICT"; ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT; SPECIFYING THE POWERS AND FUNCTIONS OF THE DISTRICT; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE." A true and correct copy of the original ordinance is attached. Dated this 2°d day of April, 2013. Dw Kristin an�eld -- - City Cl k for the City of Arlington