HomeMy WebLinkAboutO-2938 - Adds Ch. 12.06, transportation benefit district (12.06)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO ) fl J8'
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING THE MARYSVILLE CITY CODE TO
ENACT A NEW CHAPTER 12.06 MARYSVILLE
TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A
TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE
BOUNDARIES FOR THE TRANSPORTATION BENEFIT
DISTJUCT, 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 Marysville 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
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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
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
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leaving the City 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 fonn a transportation benefit district which
includes the entire City of Marysville 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
WHEREAS, the City provided notice of and conducted the public hearing
on November 12, 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 Marysville 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
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Chapter 36.73 RCW, to protect the City's long-term investments in that infrastructure, to
reduce the risk of 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 Marysville 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 MARYSVILLE,
WASHINGTON DO HEREBY 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
Marysville, 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 Marysville adopts a new chapter 12.06 to the
Marysville Municipal Code entitled "Marysville Transportation Benefit District," which is
set forth as follows:
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12.06.010 Establishing transportation benefit district.
There is created a transportation benefit district to be known
as the Marysville 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.
12.06.020 Governing board.
A. The governing board "Board" of the transportation
benefit district shall be the Marysville 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 Board shall be known as the "Marysville
Transportation Benefit District 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 ofRCW 36.73.160(2).
12.06.030 Functions of tbe 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
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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.
12.06.040 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 and may include but shall not be limited
to "transportation improvements" as defined in RCW
36.73.015(4). 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,
construction, 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(2)(b) following
notice, public hearing and enactment of an authorizing
ordinance.
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12.06.050 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. Pursuant to RCW 36.73.050 and
36.73.170 the District shall automatically dissolve when all
indebtedness of the District has been retired and anticipated
responsibilities have been satisfied, but in no event without
further action of the Marysville City Council shall the
District extend more than 20 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, shall take effect five
(5) days after passage and publication of an approved summary consisting of the title.
PASSES_ by the City Council and APPROVED by the Mayor this I 3d~day of
~J\Wi""f , 2017
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Approved as to form: ,9
By~\L~
GRANT K. WEED, CITY ATTORNEY
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