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HomeMy WebLinkAbout2017-002 Transportation Benefit District Establishment, Boundaries and FundingORDINANCE NO. 2017-002 AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit District; establishing a Transportation Benefit District (TBD), specifying that the boundaries will coincide with the City boundaries; and specifying the transportation improvements to be funded by the district. WHEREAS, RCW 35.21.225 authorizes the legislative authority of a city to establish a transportation benefit district ("TBD"), for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the TBD, subject to the provisions of chapter 36.73 RCW; and WHEREAS, the improvement, maintenance, and protection of public ways requires building sufficient capacity to adequately accommodate existing congestion and anticipate future congestion, and also requires maintaining and preserving existing transportation improvements to avoid catastrophic failure which would result in costly reconstruction; and WHEREAS, the City has limited transportation funding to pay for necessary transportation projects that may alleviate congestion and preserve and maintain existing infrastructure; and WHEREAS, the City's Transportation Benefit District ($15) Project List, attached as Exhibit "A," identifies projects that also constitute transportation improvements that may be funded by a TBD; and WHEREAS, the City provided proper notice, conducted a public hearing on January 10, 2017 and took public comment regarding the proposed establishment of a TBD in accordance with RCW 36.73.050; and WHEREAS, the City Council desires to form a TBD which includes the entire City of Yakima as the boundaries currently exist or as they may exist following future annexations; and WHEREAS, the City Council finds it to be in the best interests of the City to establish a citywide TBD to provide for preservation and maintenance of the city's transportation infrastructure consistent with RCW Chapter 36.73; and WHEREAS, the City Council shall establish a governing body for the TBD comprised of the City Council acting in an ex officio and independent capacity; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council finds it is in the public interest to provide adequate levels of funding for transportation improvements through the establishment of a TBD. The City Council further finds that the Transportation Benefit District ($15) Project List constitutes transportation improvements that may be funded by a TBD and did consider the criteria listed in RCW 36.73.020(1) when selecting these projects. Section 2. The City, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as the City of Yakima TBD, subject to the following: 2. Establishing a Transportation Benefit District. There is created the City of Yakima TBD with geographical boundaries comprised of the corporate limits of the City, as these boundaries may be amended following future annexations. 3. Governing Board. a. The governing board of the City of Yakima TBD shall be the Yakima 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. b. The treasurer of the transportation benefit district shall be the City Finance Director consistent with RCW 36.73.020(4). 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. 4. Powers of the District. The City of Yakima TBD shall possess only the powers of a transportation benefit district provided by law, as it now exists or is hereafter amended. 5. Transportation Improvements Funded. The funds generated by the City of Yakima TBD shall be used for the TBD projects described in Section 1 of this ordinance. The TBD projects may be amended in accordance with the material change policy described in Section 2(2)(c) of this ordinance and in accordance with the notice, hearing and other procedures described in Chapter 36.73 RCW, as it now exists or is hereafter amended. 6. Annual Report to the Public. As required by RCW 36.73.160(2), the Board shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the City of Yakima TBD. 7. Dissolution of District. The transportation 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. Section 3. If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. Section 4. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 10th day of January, 2017. ATTEST: C Sonya'�Claar Tee, City Clerk Publication Date: January 13, 2017 Effective Date: February 12, 2017 . SEAL tl * �SHING�� or EXHIBIT A Transportation Benefit District ($15) Project List Project District Estimated Construction Cost N. 1st Street Revitalization, Ph. 2 (20 yr. bond) 1, 4, 5 10,800,000 Washington & Longfiber I/S 3 1,023,000 Aquatic Center Road (SIED Loan Payment) 5 750,000 16th & Fruitvale I/5 1, 5 816,000 1st Street & Washington I/S 3 2,000,000 Nob Hill & Fair Avenue I/S 2 256,000 Powerhouse Rd & Englewood I/S 5 800,000 Total: 16,445,000 Sidewalk Projects 3rd Avenue: Nob Hill to Walnut 4 480,000 Naches Ave. Walnut to Pacific 2 330,000 4th Street: Walnut to Pacific 2 315,000 Chestnut: 56th Ave. to 70th Ave. 6 448,200 Mead Ave: 27th Ave. to 28th Ave. 3 17,000 Brown Ave.: 7th Ave. to 16th Ave. 5 336,000 2nd Street: 'G' Street to MLK 1, 4 312,000 3rd Street: 'G' Street to MLK 1, 4 312,000 4th Street: 'G' Street to MLK 1, 4 312,000 6th Street: 'G' Street to MLK 1 312,000 7th Street: 'G' Street to MLK 1 312,000 Total: 3,486,200 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: January 10, 2017 Public Hearing relating to a Transportation Benefit District; establishing a Transportation Benefit District (TBD), specifying that the boundaries will coincide with the City boundaries; and specifying the transportation improvements to be funded by the district Cindy Epperson, Finance and Budget Director Brett Sheffield, Chief Engineer Bronson Faul, Senior Assistant City Attorney SUMMARY EXPLANATION: The City has limited transportation funding to pay for necessary transportation projects that may alleviate congestion and preserve and maintain existing infrastructure which is necessary for improvement, maintenance, and protection of public ways in order to adequately accommodate existing congestion, anticipate future congestion, and avoid catastrophic failure which would result in costly reconstruction. RCW 35.21.225 authorizes the legislative authority of a city to establish a Transportation Benefit District ("TBD"), for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the TBD, subject to the provisions of Chapter 36.73 RCW. Following a public hearing on January 10, 2017, if the City Council finds it to be in the best interests of the City to establish a citywide TBD to provide for preservation and maintenance of the city's transportation infrastructure consistent with RCW Chapter 36.73, a draft ordinance is attached. The City's Transportation Benefit District Project List, attached as Exhibit "A" of the draft ordinance, identifies projects within the City that constitute transportation improvements that may be funded by a TBD. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Pass Ordinance. BOARD/COMMITTEE RECOMMENDATION: Complete the Public Hearing and, if Council chooses, pass the TBD ordinance. ATTACHMENTS: Description Upload Date D Ordiirna nce Gre nlic rn of .lfir<Ainli n Benefit nefit If.:)istrncn 12/22/2016 Type Ordiirna nce