Req.#13385
O"INANCE NO- 2 8 0 9 9
AN ORDINANCE relating to transportation funding; establishing a
1 Transportation Benefit District within the limits of the City of Tacoma,
2 specifying the maintenance and preservation of existing transportation
improvements, providing for additional transportation improvements;
3 creating a new Chapter 10.28 in the Tacoma Municipal Code ("TIVIC")
entitled "Transportation Benefit District"- and declaring an emergency
4 7
under Tacoma City Charter Section 2.13.
5
WHEREAS RCW 35.21.225 and RCW 36.73.020 provide that the City
6
7 Council may establish a quasi-municipal, independent taxing district, in the form of
8 a Transportation Benefit District ("TBU), for the purposes of acquiring,
9 constructing, improving, providing, and funding transportation improvements within
10 the TBD consistent with any state, regional, or local transportation plans, and
1 1
necessitated by existing or reasonably foreseeable congestion levels, and
12
1 3 WHEREAS the TBD, once established, may impose taxes, fees, charges,
14 and tolls, including vehicle registration fees as authorized by RCW 82.80.140, to
1 5 fund local transportation projects, and
16 WHEREAS the increased funding afforded by the imposition of such taxes,
1 7
fees, charges, or tolls will allow the TBD to identify and make transportation
1 8
19 improvements that include increasing transit capacity and connectivity, and
20 improving accessibility for persons with special transportation needs; freight
21 mobility; and the overall performance, cost-effectiveness, and efficiency of the
22 TBD's transportation system as a whole, and
23
WHEREAS the City wishes to establish a TBD within its boundaries in an
24
25 effort to preserve and maintain transportation infrastructure, improve public safety,
26 -1-
Ordl 3385.doc-JHC-DEC/tok
and implement projects identified in the City's Capital Improvement Plan, the
Transportation Element of the Comprehensive Plan, as well as in the City's
2
Six-Year Comprehensive Transportation Improvement Program, and
3
4 WHEREAS RCW 36.73.050(l) provides that a public hearing must be held
5 to receive public comment on the proposed establishment of a TBD, and
6 WHEREAS, the City after giving proper notice under RCW 36.73.050(l),
7 conducted a public hearing on January 10, 2012, and took public comment
8
regarding the proposed establishment of a TBD, and
9
10 WHEREAS, although not required by state law, a second hearing was held
1 1 on November 13, 2012, in order to maximize the opportunity for public input, and
12 WHEREAS, to become effective on November 26, 2012, a first reading of
1 3 this ordinance must take place on November 13, 2012, and
14
WHEREAS an emergency exists under Tacoma City Charter 2.13 so that,
15
16 upon passage, this ordinance shall take effect immediately after publication for the
1 7 preservation of the public peace, health, or safety; Now, Therefore,
18 BE IT ORDAINED BY THE CITY OF TACOMA:
1 9 Section 1. That a new chapter 10.28 of the Tacoma Municipal Code is
20
hereby created, as set forth in the attached Exhibit "A."
21
22 Section 2. That an emergency is hereby declared to exist under Tacoma
23 City Charter 2.13 so that, upon passage, this ordinance shall become
24
25
26 -2-
Ordl 3385.doc-JHC-DEC/tok
&A
effective immediately after publication for the preservation of the public peace,
health, or safety.
2
3 Passed NOV 2 0 2Oi2
4
5 Mayor
6 Attest:
7
8 City Clerk
9
10 Approved as to form:
12 Deputy City@'ttbrney
1 3
14
1 5
16
1 7
18
19
20
21
22
23
24
25
26 -3-
Ord 1 3385.doc-JHC-DEC/tok
-j
Exhibit A
2 Chapter 10.28 Transportation Benefit District.
3 10.28.01 0 Short Title
4 This Chapter may be referenced as the "Transportation Benefit District Code."
5
10.28.020 Transportation Benefit District-Statement of Purpose
6
7 The purpose of this chapter is to establish a transportation benefit district within
the limits of the City of Tacoma under the authority set forth in RCW 35.21.225
8 and chapter 36.73 RCW, as the City Council finds it is in the public interest to
provide adequate levels of funding for the purposes of implementing and
9 funding the transportation improvements set forth in City's Capital Improvement
1 0 Plan, the Transportation Element of the Comprehensive Plan, and the City's
Six-Year Comprehensive Transportation Improvement Program.
10.28.030 Transportation Benefit District Established.
12
1 3 In order to fulfill the purpose of this chapter, there is hereby created a
transportation benefit district to be known as the Tacoma Transportation Benefit
14 District with geographical boundaries comprised of the corporate limits of the
City as they currently exist or as they may be modified in any future
1 5 annexations.
16 10.28.040 Governing Board.
1 7
A. The governing board of the Transportation Benefit District shall be the
18 Tacoma City Council acting in an ex officio and independent capacity, which
19 shall have the authority to exercise the statutory powers set forth in Chapter
36.73 RCW.
20
B. The treasurer of the Transportation Benefit District shall be the City Finance
21 Director.
22 C. Meetings of the governing board shall be governed by the same procedural
23 rules applicable to meetings of the City Council, and shall be held, whenever
possible, on the same dates scheduled for City Council meetings. Governing
24 board actions shall be taken in the same manner and follow the same
25 procedure as for the adoption of resolutions by the City Council.
26 -4-
Ord 1 3385.doc-JHC-DEC/tok
10.28.050 Authority and Duties of the Transportation Benefit District.
1 AThe Board shall have and may exercise any powers provided by law to fulfill
2 the purpose of the Tacoma Transportation Benefit District, including, without
limitation, the power to assess vehicle registration fees as authorized by RCW
3 82.80.140, to fund local transportation projects.
4 B. The Board shall develop a material change policy to address major plan
5 changes that affect project delivery or the ability to finance the plan, pursuant to
the requirements set forth in RCW 36.73.160(l).
|1013|
7 C. The Board shall issue an annual report, pursuant to the requirements of
RCW 36.73.160(2).
|1013|
10.28.060 Use of Funds.
|10 13|
10 The funds generated by the Transportation Benefit District may be used for any
purpose allowed by law including to operate the District and to make
1 1transportation improvements that are consistent with existing state, regional,
and local transportation plans and necessitated by existing or reasonably
12 foreseeable congestion levels pursuant to Chapter 36.73 RCW. The
13 transportation improvements funded by the district shall be made in an effort to
preserve and maintain transportation infrastructure, improve public safety,
14 implement projects identified in the City's Capital Improvement Plan, the
Transportation Element of the Comprehensive Plan, and the City's Six-Year
15 Comprehensive Transportation Improvement Program, as well as to invest in
16 bicycle, pedestrian, freight mobility and transit enhancements and provide
people with choices to meet their mobility needs. Additional transportation
17 improvement projects of the district may be funded only after compliance with
the provisions of RCW 36.73.050(2)(b).
18
10.28.070 Revenue Sources.
19
20 The Board shall have the authority to establish fees and other revenue sources
consistent with RCW 36.73.065.
21
22 10.28.080 Dissolution of District.
23 The Transportation Benefit District shall be dissolved when all indebtedness of
the district has been retired and when all of the District's anticipated
24 responsibilities have been satisfied in accordance with RCW 36.73.170.
25
26 -5-
Ordl 3385.doc-JHC-DEC/tok
CITY CLERK USE ONLY
ReqUest 5
Ord/Res 8 0 99
bcoma
REQUEST FOR
ORDINANCE F-1 RESOLUTION
1. DATE: October 26, 2012
2. SPONSORED BY: COUNCIL MEMBER(s) N/A
3a. REQUESTING DEPARTMENT/DIVISION 4a. CONTACT (for questions): PHONE:
Public Works Department Kurtis Kingsolver, P.E. (253) 591-5269
3b. "Do PASS" FROM Asst. PW Director/City
F@ Yes Engineer
F@ No 4b. Person Presenting' PHONE:
F-]ToCommittee as information only Dick McKinley ' (253) 591-5732
E Did not go before a Committee Public Works Director
3c. DID THIS ITEM GO BEFORE THE 4c. ATTORNEY: PHONE:
PUBLIC UTILITY BOARD? Debra E. Casparian, (253) 591-5887
F-1 Yes, on
Not required Deputy City Attorney
N/A
a Kinley, Public rks Di Steve Call, Interim Finance Director rd, Asst. City Manager
5. REQUESTED COUNCIL DATE: November 13, 2012
(If a specific council meeting date is required, explain why; i.e., grant application deadline, contract
expiration date, required contract execution date, public notice or hearing required, etc.)
This date is being requested to coincide with a second hearing for the establishment of the
Transportation Benefit District (TBD).
6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.)
Establishing a TBD within the City limits of Tacoma, to maintain and preserve existing transportation
improvements, provide additional transportation improvements and create a new chapter of the Tacoma
Municipal Code entitled "Transportation Benefit District." Declaring an emergency in the passage of this
ordinance providing that the establishment of the TBD will take effect immediately upon adoption and
publication.
7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
Adequate and dedicated funding to preserve and maintain city streets continues to be a significant
challenge for the City of Tacoma. Chapter 36.73 RCW provides for the establishment of a TBD and for
the levying of additional revenue sources 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. The City provided proper notice, conducted the official public hearing on January 1 0,
2012 and took public comment regarding the proposed establishment of a TBD in accordance with RCW
36.73.050(l). This ordinance is tentatively scheduled for first reading immediately following this second
public hearing. The ordinance will be considered on an emergency basis allowing it to be effective
November 26, 2012, if the second reading of the ordinance is passed at the November 20, 2012, City
Council meeting.
030
cotclerk\fonns\ReqiiestResolittionOrditiance.doc Office oftlw City Clerk (0110712011)
CITY CLERK USE ONLY
REQUEST (CONT) Request#: 13385
Ord/Res #: 28 0 99
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Resolution No. 38381, which set the official City Clerk's Office
public hearing date for January 10, 2012.
9. WHICHOFTHECITY'SSTRATEGicGOALsDOEsTHISITEMSUPPORT?(CHECKTIIEGOALT"ATBESTAPPLIES)
A. F@ A SAFE, CLEAN AND ATTRACTIVE COMMUNITY
B. A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
C. A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT
10. SUSTAINABILITY: IN WHAT WAYS HAVE YOU CONSIDERED THE CITY'S SUSTAINABILITY PRIORITIES?
Environment: How does this decision impact regional and local ecological well-being?
The transportation improvements funded by the TBD shall be made in an effort to preserve and
maintain transportation infrastructure and improve public safety.
Equity: How does this decision promote meeting basic needs and equitable access to opportunities for all city
residents?
These improvements include increasing transit capacity and connectivity, and improving accessibility
for persons with special transportation needs.
Culture: How does this decision impact cultural (arts, innovation, heritage, and recreation) and quality of life for
all citizens?
Adequate, well maintained infrastructure that allows for the safe and timely transportation of people
and goods is critical to the quality of life of all citizens.
Economy: How does this decision impact the local economy? What are the significant financial costs/benefits?
Essential transportation infrastructure increases productivity and enhances economic development.
11. IFTHISCONTRACTISFORANAMOUNTOF$200,OOOORLESS,EXPLAINWHYITNEEDSLEGISLATIVE
APPROVAL:
RCW 35.21.225 authorizes a City Council to establish a TBD subject to the provisions of Chapter
36.73 RCW.
12. FINANCIAL IMPACT: EXPENDITURE REVENUE
A. No IMPACT (NO FISCAL NOTE)
B. YES, OVER $1 00,000, Fiscal Note Attached
C. YES, UNDER $1 00,000, (NO FISCAL NOTE)
Provide funding source information below:
cotclerk\foritts\ReqiiestResoliitioii0rdinatice.doc Office of the City Clerk (071071201 1)
Ordinance No. 2 8 0 99
First Reading of Ordinance: NOV i 3 2012
Final Reading of Ordinance: NOV 2 0 202
Passed: NOV 2 0 202
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey
Mr. Ibsen
Mr. Lonergan
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Boe
Mr. Campbell
Mr. Fey
Mr. Ibsen
Mr. Lonergan
Mr. Mello
Ms. Walker
Ms. Woodards
Mayor Strickland
k@ccagendaOgenda procedures and f0077S@ordinancevofingrecord.doc