01/10/2012 07 Creation of a Transportation Benefit District / 5-Year Failed Arterials Repair Program; Set Hearing Date BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT °'7
Item No. /
For Meeting of January 10, 2012
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ITEM TITLE: Resolution setting a public hearing on February 7, 2012 regarding
creation of a Transportation Benefit District, comprising the corporate
limits of the City, to fund and complete the projects listed in the City's 5-
Year Failed Arterials Repair Program.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Joe Rosenlund, Streets and Traffic Operations Manager
CONTACT Joe Rosenlund - 575 -6005
PERSON /TELEPHONE: Bronson Faul - 575 -6030
SUMMARY EXPLANATION:
At the December 6, 2011 City Council Business Meeting, a motion was made and passed directing staff to
proceed with the necessary actions required to create a Transportation Benefit District (TBD) for pavement
preservation. The next step is to hold a public hearing on the ordinance that creates the TBD, its boundaries,
composition of its board and defines the transportation improvements the district is to accomplish. This action
does not enact a car tab fee or other funding mechanism.
Per RCW 36.73.050, the Council must hold a public hearing prior to determining if a TBD should be created.
After the public hearing, the Council may create the district by ordinance, set another time to create the TBD or
take no action. A draft ordinance is attached for reference.
Resolution X Ordinance Other (specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff respectfully recommends City Council to set the public hearing date and time of Tuesday, February 7,
2012, 7 PM for creation of a Transportation Benefit District for the City of Yakima.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ TBD set date public hearing resolution
❑ 12 -29 -11 Memo to Council re TBD
❑ Draft Ordinance re Creation of TBD
❑ TBD 5 -Yr List - Exhibit A to Draft Ordinance Creating TBD
RESOLUTION NO. R -2012-
A RESOLUTION setting the time and place for hearing on February 7, 2012 at 7:00 PM in
the City of Yakima Council Chambers to hear from the public on the
creation of a Transportation Benefit District, comprising the corporate
limits of the City, to fund and complete the projects listed in the City's
5 -Year Failed Arterials Repair Program.
WHEREAS, the City of Yakima proposes creating a Transportation Benefit District as
authorized by RCW 35.21.225 and governed by the provisions of Chapter 36.73 RCW; and
WHEREAS, a public hearing must be held prior to the creation, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
That said Transportation Benefit District shall be presented for hearing and
determination on Tuesday, February 7, 2012, at the hour of 7:00 p.m. in the Council Chambers
of the City of Yakima, at Yakima City Hall, Yakima, Washington, or as soon thereafter as the
same may be heard, and that notice of such hearing be given as approved by law.
ADOPTED BY THE CITY COUNCIL this 10 day of January, 2012.
Mayor
ATTEST:
City Clerk
C1'1'Y OF YAKIMA
LEGAL
DEPARTMENT
203SouthTh d9re tYa1dna,.Waslmngon 01 ,- Fax jf1)
MEMORANDUM
December 29, 2011
TO: City Council
FROM: Bronson Faul, Assistant City Attorney
SUBJECT: Transportation Benefit District/$20 Vehicle License Fee
The legislature has authorized jurisdictions to create a Transportation Benefit District (TBD) as
an independent taxing authority to fund identified transportation projects. The process to create
a TBD and institute a supporting tax is strictly regulated by statute and provides for built in
oversight provisions.
Steps to Create a TBD
Initially, transportation improvements are identified using a number of criteria defined by
statute.' Once the projects are identified, council must conduct a public hearing prior to forming
a TBD. The notice of hearing shall specify the functions or activities proposed to be provided
or funded. Following the hearing, the legislative authority may establish the district if it finds the
action to be in the public interest.
The ordinance establishing the TBD shall specify the functions and transportation
improvements to be funded and shall also establish the boundary of the TBD as described in
the notice of public hearing. The boundaries shall be the city limits. If the legislative authority
wishes to expand the TBD, a new notice must be issued and another public hearing must be
held. The members of the legislative authority establishing the TBD act as the ex officio
independent governing body of the district.
Funding
Once the TBD has been created, the district can then pass legislation to provide funding.
Among several funding options is the imposition of a vehicle license fee of $20, which can be
implemented without a vote of the public. Additional funding options are available with a vote
of the public. Some jurisdictions have included this funding legislation in the original ordinance
creating the TBD while others have specific legislation to address funding
RCW 36.73.020(1).
2 RCW 36.73.050.
? Defined in RCW 36.73.015.
4 RCW 82.80.140.
Memorandum to Council re TBD
December 29, 2011
Page 2
If the TBD chooses the $20 vehicle license fee as the funding mechanism, the fee cannot be
collected until six months after the approval of the fee.' The department of licensing will collect
the fee and deduct a percentage, not to exceed one percent, then remit the remaining proceeds
to the state treasurer. The state treasurer will distribute the proceeds to the TBD on a monthly
basis. Since the TBD is independent, the funds are held by the district and can only be used on
the identified projects.
TBD Changes and Requirements
The TBD shall develop a material change policy to address major plan changes that affect
project delivery and financing. At a minimum, the policy must provide a public hearing to solicit
comment from the public if a transportation improvement cost will exceed its original projected
cost by more than twenty percent.
There is also 'a requirement that the TBD issue an annual report provided to the public and
newspapers of record indicating the status of the improvement costs, expenditures, revenues,
and construction schedules.
Because the TBD is created for specific identified projects and purposes, the statute provides
the TBD will terminate and dissolve within 30 days of the completion of the identified projects
and retirement of any debt service or financing
Timeline
The time to establish the TBD and a funding source will be dictated by council. Council can act
to pass the TBD and funding source at the end of the first public hearing or separate the
creation of the TBD and if passed, move to the funding decisions at a subsequent time.
RCW 82.80 140(4).
6 RCW 36.73.170.
DRAFT
ORDINANCE NO. 2012 -
AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit
District; establishing a Transportation Benefit District, 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 5 -Year Failed Arterials Repair Program, 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
February 7, 2012 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 City's 5 -Year Failed Arterials Repair Program 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,
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DRAFT
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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DRAFT
PASSED BY THE CITY COUNCIL this 7 day of February, 2012.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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Transportation Benefit District
Proposed 5 -Year Project List
Street From To Sq Ft Treatment Cost/ Total Cost Maint.
SF Year
Year 1
3rd St Arlington Beech 95000 Mill & Overlay $3.42 $324,900.00 2013
Lincoln Av 56th Ave 66th Ave 68880 Mill & Overlay $3.42 $235,569.60 2013
Yakima Av 12th Ave 16th Ave 81200 CIR $4.87 $395,444.00 2013
$955,913.60
Year 2
D St 1st St 5th Ave 122200 CIR $4.87 $595,114.00 2014
25th Av Englewood Castlevale 31050 Mill & Overlay $3.42 $106,191.00 2014
Lincoln Av 40th Ave 46th Ave 77000 CIR $4.87 $374,990.00 2014
$1,076,295.00
Year 3
Pecks Canyon Rd Scenic Dr City Limit 4620 Mill & Overlay $3.42 $15,800.40 2015
Viola Av 1st St Fair Ave 35100 Mill & Overlay $3.42 $120,042.00 2015
24th Av Washington Mead 122500 CIR $4 87 $596,575.00 2015
G St 3rd St 6th St 38400 Mill & Overlay $3 42 $131,328 00 2014
G St 1st St 3rd St 22400 Mill & Overlay $3.42 $76,608.00 2015
Walnut St 3rd Ave 5th Ave 36400 CIR $4.87 $177,268.00 2015
$1,117,621.40
Year 4
6th St Yakima Pacific 220000 Mill & Overlay $3.42 $752,400.00 2016
Scenic Dr 4202 4615 53406 Mill & Overlay $3.42 $182,648.52 2016
Scenic Scenic
Walnut St 1st St 3rd St 36400 CIR $4.87 $177,268 00 2016
$1,112,316 52
Year 5
3rd Av Yakima Walnut 68000 CIR $4.87 $331,160.00 2017
Lincoln Av 24th Ave 32nd Ave 109000 CIR $4.87 $530,830.00 2017
$861,990.00
Unfunded
24th Av Mead Nob Hill 127400 CIR $4 87 $620,438.00
Walnut St 5th Ave 7th Ave 36400 CIR $4 87 $177,268.00
Pierce Av Summitview Lincoln 40000 Mill & Overlay $3.42 $136,800.00
Fruitvale Blvd 2100 3000 256000 HIR $7.73 $1,978,880.00
Fruitvale Fruitvale
Fruitvale Blvd 3000 4000 276000 HIR $7.73 $2,133,480.00
Fruitvale Fruitvale
$5,046,866.00
D Street is not an arterial but is critical for emergency response.
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