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03/20/2012 07 Transportation Benefit District Ordinance Project List Revision - Public Hearing
• "ii=j-,7'''''.14,,,:, 1 . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT -7 Item No. s. For Meeting of: March 20, 2012 ITEM TITLE: Public Hearing on the Revision of the Project List within the Transportation Benefit District Ordinance SUBMITTED BY: Joe Rosenlund Streets & Traffic Operations Manager CONTACT Joe Rosenlund PERSON /TELEPHONE: (509)576 -6430 SUMMARY EXPLANATION: 8 At the conclusion of the February 7, 2012 Public Hearing on matters pertaining to establishing a Transportation Benefit District (TBD) for the City of Yakima, City Council voted to establish the TBD within the geographic boundaries of the City, the City Council as the governing board, and the 5 -Year Program listed as Exhibit "A" as the description of projects. Council also voted to not impose the $20 Car Tab fee by Council action alone. • Council deliberated over the street repair program list (Exhibit "A ") at length. There was general consensus that the list should be modified and be reflective of the alternative presented to Council at the meeting. A proposed revision to the TBD project list was presented to the Council at the February 21, 2012 meeting. The list is comprised of arterial streets that carry at least 5,000 vehicles per day and have a Pavement Condition Index rating of less than 40 (Rated Poor or worse). The date of March 20, 2012 was set for the date of the public hearing to consider amending the TBD ordinance for the purpose of revising the project list. Attached is the revised project list (TBD Amended Project List #1), map and Ordinance that encompasses the Council directed criteria for street rehabilitation priorities. An alternate list and map are also attached that shows additional roadways that the Council may wish to consider for inclusion on the TBD project list. By holding the Public Hearing and approving the revised list, the description of projects in the TBD will be formally amended. Proposed Resolution Ordinance X Revised Project III List & Map; Proposed Other Revised Project (specify) List & Map w /alternatives; R- 2012 -35; City Legal Memo; TBD Fact Sheet Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR City Manager • SUBMITTAL: STAFF RECOMMENDATION: Upon conclusion of the Public Hearing, amend the Transportation Benefit District Ordinance replacing the original project list (Exhibit #1) with the Transportation Benefit District Amended Project List #1. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Ordinance Amending TBD Project List ❑ TBD Ammended Project List #1 ❑ Proposed Revised Project Map ❑ Original TBD Project List ❑ TBD Amended Project List w/ Alternatives ❑ Proposed Revised Project Mapw /Alternates ❑ 2 -21 -12 Set Date Resolution ❑ Memorandum from City Legal ❑ AWC TBD Legislation in Effect 0 ORDINANCE NO. 2012 - AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit District; and amending the transportation improvements to be funded by the district. WHEREAS, the City Council has previously created a Transportation Benefit District ( "TBD ") in Ordinance Number 2012 -08; and WHEREAS, the defined project list needed further consideration; and WHEREAS, after further consideration, City Council wishes to amend the project list based on added criteria; 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 Transportation Benefit District Amended Project List #1 (attached as Exhibit 1) 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 8 establishes and creates a TBD to be known and referred to as the City of Yakima TBD, subject to the following; 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 IP transportation benefit district provided pursuant by law, as it now exists or is hereafter amended. 1 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 replace ordinance 2012 -08 and shall become effective and be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 13 day of March, 2012. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: 2 0 I I. 410 Transportation Benefit District Amended Project List #1 Classified Roadways, Poor Condition or Lower, > 5000 vpd Street From To Classification Surface Area (SF) 2012 PCI Repair Type Cost/SF Total Year1 40th Avenue 600 (Tieton) 130 (Summitview) Principal AC 132,500.00 31 Cold In -Place Recycle $4.87 $645,275.00 Yakima Avenue 1600 1200 Minor AC 81,200.00 10 Cold In -Place Recycle $4.87 $395,444.00 $1,040,719.00 Year 2 1st Street 1800 (Mead) 1400 (Nob Hill) Principal AC 192,000.00 35 Cold In -Place Recycle $5.02 $963,091.20 Year 3 40th Avenue 1100 (Nob Hill) 600 (Tieton) Principal AC 130,000.00 37 Cold In -Place Recycle $5.17 $671,655.79 5th Avenue 200 (Walnut) 10 (Yakima) Minor AC 61,610.00 11 Cold In -Place Recycle $5.17 $318,313.18 $989,968.97 Year 4 5th Avenue 10 (Yakima) 300 (Lincoln) Principal AC 80,600.00 37 Mill & Overlay $3.74 $301,212.38 Walnut Street 500 (5th Ave) 300 (3rd Ave) Minor AC 36,400.00 24 Cold In -Place Recycle $5.32 $193,705.53 Walnut Street 700 (7th Ave) 500 (5th Ave) Minor AC 36,400.00. 28 Cold In -Place Recycle $5.32 $193,705.53 3rd Avenue 200 (Walnut) 10 (Yakima) Minor AC 68,000.00 26 Cold In -Place Recycle $5.32 $361,867.47 $1,050,490.92 Year 5 16th Avenue 600 (Englewood) 1100 (Madison) Principal AC 171,600.00 38 Cold In -Place Recycle $5.48 $940,578.71 Walnut Street 100 (1st St) 300 (3rd St) Minor AC 36,400.00 28 Cold In -Place Recycle $5.48 $199,516.70 $1,140,095.40 P D FCo nvert.942.1. 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S 19 H -T e e l 20TH S UDKIN RD ° / 7 - N 41 n x o m 0 = _ De O Nfl_ < _ 0 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 Transportation Benefit District Amended Project List #1 w /Alternatives Classified Roadways, Poor Condition or Lower, a 5000 vpd Street From To Classification Surface Area (SF) 2012 PCI Repair Type CostISF Total Year 1 40th Avenue 600 (Tieton) 130 (Summitview) Principal AC 132,500 00 31 Cdd In -Place Recycle $4 87 $645,275 00 Yakima Avenue 1600 1200 Minor AC 81,20000 10 Cdd ln-Place Recycle $4 87 $395,444 00 $1,040,719.00 Year2 1st Street 1800 (Mead) 1400 (Nob Hill) Principal AC 192,000 00 35 Cdd In -Place Recycle $5 02 $963,091.20 Year3 40th Avenue 1100 (Nob Hill) 600 (Tieton) Principal AC 130,000 00 37 Cdd In -Place Recycle $5 17 $671,655 79 5th Avenue 200 (Walnut) 10 (Yakima) Minor AC 61,610 00 11 Cdd In -Place Recycle $5 17 $318,313 18 $989,968.97 Year 4 5th Avenue 10 (Yakima) 300 (Lincoln) Principal AC 80,600 00 37 Mill & Oveday $3 74 $301,212 38 Walnut Street 500 (5th Ave) 300 (3rd Ave) Minor AC 36,400 00 24 Cdd In -Place Recycle $5 32 $193,705 53 Walnut Street 700 (7th Ave) 500 (5th Ave) Minor AC 36,400 00 28 Cdd In -Place Recycle $5 32 $193,705 53 3rd Avenue 200 (Walnut) 10 (Yakima) Minor AC 68,00000 26 Cdd ln-Place Recycle $5 32 $361,867 47 $1,050,490.92 Years 16th Avenue 600 (Englewood) 1100 (Madison) Principal AC 171,600 00 38 Cdd In -Place Recycle $5 48 $940,578 71 Walnut Street 100 (1st St) 300 (3rd St) Minor AC 36,400 00 28 Cdd In -Place Recycle $5 48 $199,516 70 $1,140,095.40 PDFConvert 943 1 Alt_5_Year_Protect_List_120206 doc 3/12/2012 Classified Roadways, Poor Condition or Lower, 7 5000 vpd Street From To Classification Surface Area (SF) 2012 PCI Repair Type Cost/SF Total 40th Avenue 600 (Tieton) 130 (Summitview) Prncipal AC 132,500 00 31 Cold In -Place Recycle $4 87 $645,275 00 1st Street 1800 (Mead) 1400 (Nob Hill) Principal AC 192,000 00 35 Cold In -Place Recycle $4 87 $935,040 00 6th Street 10 (Yakima) 720 (H St) Prncipal AC 200,000 00 35 Cold In -Place Recycle $4 87 $974,000 00 40th Avenue 1100 (Nob Hill) 600 (Tieton) Principal AC 130,000 00 37 Cold In -Place Recycle $4 87 $633,100 00 5th Avenue 10 (Yakima) 300 (Lincdn) Prncipal AC 80,600 00 37 Mill & Overlay $3 42 $275,652 00 16th Avenue 600 (Englewood) 1100 (Madison) Prncipal AC 171,600 00 38 Cold In -Place Recycle $4 87 $835,692 00 1st Street 2415 (Miners) 1800 (Mead) Principal AC 270,000 00 38 Cold In -Place Recycle $4 87 $1,314,900 00 Yakima Avenue 1600 1200 Minor AC 81,200 00 10 Cold In -Place Recycle $4 87 $395,444 00 5th Avenue 200 (Wal nut) 10 (Yakima) Minor AC 61,610 00 11 Cold In -Place Recycle $4 87 $300,040 70 Fruitvale Boulevard 3000 2100 Minor AC 256,000 00 22 Cold In -Place Recycle $4 87 $1,246,720 00 Walnut Street 500 (5th Ave) 300 (3rd Ave) Minor AC 36,400 00 24 Cold In -Place Recycle $4 87 $177,268 00 3rd Avenue 200 (Walnut) 10 (Yakima) Minor AC 68,000 00 26 Cold In -Place Recycle $4 87 $331,160 00 6th Street 900 (Pacific) 10 (Yakima) Minor AC 220,000 00 28 Cold In -Place Recycle $4 87 $1,071,400 00 Walnut Street 100 (1st St) 300 (3rd St) Minor AC 36,400 00 28 Cold In -Place Recycle $4 87 $177,268 00 Walnut Street 700 (7th Ave) 500 (5th Ave) Minor AC 36,400 00 28 Cold In -Place Recycle $4 87 $177,268 00 Fruitvale Boulevard 4000 3000 Minor AC 276,000 00 30 Cold In -Place Recycle $4 87 $1,344,120 00 64th Avenue 2600 (Ahtanum) 2000 (Washington) Minor AC 147,200 00 32 Cold In -Place Recycle $4 87 $716,864 00 Lincdn Avenue 3200 2400 Minor AC 109,000 00 32 Hot In -Place Recycle $7 73 $842,570 00 Fair Avenue 1800 (Mead) 1400 (Nob Hill) Minor AC 114,400 00 35 Hot In -Place Recycle $7 73 $884,312 00 Lincdn Avenue 4000 3200 Minor AC 106,800 00 35 Hot In -Place Recycle $7 73 $825,564 00 Fair Avenue 1400 (Nob Hill) 900 (Pacific) Minor AC 155,000 00 37 Cold In -Place Recycle $4 87 $754,850 00 24th Avenue 1820 (Washington) 1420 (Mead) Cdlector AC 122,500 00 27 Cold In -Place Recycle $4 87 $596,575 00 Pierce Avenue 14 (Summitview) 300 (Lincdn) Cdlector AC 40,000 00 30 Cold In -Place Recycle $4 87 $194,800 00 PDFConvert 9431 Alt_5_Year_Project_List_120206 doc 3/12/2012 24th Avenue 1420 (Mead) 1100 (Nob Hill) Cdlector AC 127,400 00 32 Cold In -Place Recycle $4 87 $620,438 00 Englewood Avenue 5600 4800 Cdlector AC 62,100 00 32 Full Depth Recycle $10 56 $655,776 00 48th Avenue 600 (Tieton) 130 (Summitview) Cdlector AC 92,880 00 34 Full Depth Recycle $10 56 $980,812 80 Englewood Avenue 4800 4000 Cdlector AC 60,720 00 36 Full Depth Recycle $10 56 $641,20320 Highlighted streets listed in proposed work plan PDFConvert 943 1 Alt_5_Year_Project_List_120206 doc 3/12/2012 Oi SD rF : I 96TH AVE ''1 co 92ND AVE Di SD i r1• j O n { __ 1 EEL - 88TH AT: (4 - J CD X L.. —__Z' r -- I i . ! j I 86T it i D II M- 1I aa milk r i L. ± i I ' s 82ND A E o� rr j _..� - S 80TH AV h N :0TH ' r N 801H AVE �• j ' ii i N 7; H A - O , D N 77TH A E • 1 o r z m . r • 7. 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R- 2012 -35 A RESOLUTION setting the time and place for hearing on March 20, 2012 at 7:00 PM in the City of Yakima Council Chambers to hear from the public on the modification of the project list for the Transportation Benefit District. WHEREAS, the City of Yakima created a Transportation Benefit District February 7, 2012 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 modifying the project list, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That said Transportation Benefit District project list shall be presented for hearing and determination by the Transportation Benefit District Board on Tuesday, March 20, 2012, at the hour of 7:00 p.m. in the Council Chambers of the City of Yakima, at Yakima City Hall, 129 N. 2nd Street, Yakima, Washington, or as soon thereafter as the same may heard, and that notice of such hearing be given as approved by law. ADOPTED BY THE CITY COUNCIL this 21S day of February, 2012. /s/ Micah Cawley Mayor ATTEST: /s/ Deborah Kloster City Clerk MEMORANDUM TO: Honorable Mayor Cawley and City Council Members Michael Morales, Interim City Manager FROM: Jeff Cutter, City Attorney Chris Waarvick, Public Works Director DATE: February 13, 2012 SUBJ: Information concerning the TBD and funding options available, with voter approval, for funding the street projects associated with a Transportation Benefit District On February 7, 2012 the City Council held a Public Hearing on matters pertaining to establishing a Transportation Benefit District (TBD) for the City of Yakima. At the conclusion of the Public Hearing, City Council voted to establish the TBD, specifically providing 1) a district that has the geographic boundaries of the City, 2) that the City Council will perform as the TBD's governing board, and 3) the Five Year street repair program listed as Exhibit "A" to the ordinance. Council also voted not to impose a $20 Car Tab fee by Council action alone to fund the District street repair program. During the February 7 Council meeting the Council deliberated over the street repair program list (Exhibit "A ") at length. There was a general indication that the list should be modified to be more reflective of the alternative street repair program that was also presented to Council during the same meeting. Included on the February 21 Agenda is a Resolution setting the date of March 20 2012 for a Public Hearing of the TBD Board to consider the Amended street repair program as a replacement to the program that was approved by the vote to establish the TBD. By holding the Public Hearing and approving the alternate list, the description of projects in the TBD will be formally amended. In accord with the action already taken by the Council with respect to forming the TBD, City staff would also appreciate the Council's consideration of and direction regarding any intent the Council may have for the presentation of a ballot measure for a public vote on a funding option for the TBD projects. If Council wishes to proceed with a ballot measure in a future public election staff will need some direction, including identification of a specific revenue option Council would like the voters to consider from among those described in the Revised Code of Washington provisions specific to formation and operation of a TBD (RCW 36.73). The preparation and analysis necessary to create the 2013 Street and Traffic Engineering Budget will begin shortly. Whether or not staff should consider the possibility of additional resources for street preservation and maintenance will, in part, be determined by the result of a public vote on such a ballot 4110 measure. The 2012 dates available for presenting a ballot measure to a public vote are as follows: 1) April 17, 2012 is the next available special election date but that date requires that a • resolution and ballot measure be given to the County Auditor by March 2, 2012, therefore this date does not appear to be likely at this point; 2) there is a primary election set for August 7, 2012, for which a resolution and ballot measure is due to the County Auditor by May 11, 2012; and 3) the final election date in 2012 is the general election date that is set to be held on November 6, 2012, for which a resolution and ballot measure is due to the County Auditor by August 7, 2012 if the measure is to be considered in the November election. Practically, the Council will need to choose between the August and November voting dates if a public vote on a revenue option for funding the TBD is desired in 2012. As described in the attached materials regarding TBD formation, TBD street repair funding options requiring a public vote include 1) the Car Tab fee (up to $100 per vehicle per year); 2) a one year excess levy on property taxes; 3) road use tolls; and 4) up to a 0.2% sales and use tax. The sales and use tax option would generate approximately $3 million annually at 0.2% or $1.5 million annually at 0.1%. The property tax vote would require a 60% majority approval for passage. The other voter - elected revenue options would require a 50% approval to pass. 4110 J .0 t y 2010 r Wransportation Benefit ASSOCIATION OF WASHINGTON Ci iiES District Legislation in Effect Through the cooperative efforts of the Association ofWashington Cities (AWC) and the Washington State Associations of Counties (WSAC), significant legislation went into effect in 2007, which resulted in the most important local transportation tool for cities and counties in sixteen years —Transportation Benefit Districts (TBDs). Newly enacted 2010 legislation enhanced the TBD's authority. TBDs are independent taxing districts that can impose an array of taxes or fees either through a vote of the people or through district board action.TBDs are flexible -- they allow cities and counties to work independently or cooperatively on addressing both local and regional transportation challenges. Frequently Asked Questions additional jurisdictions through interlocal agreements, Background then the governing body must have at least five members, In 1987, the Legislature created TBDs as an option for local including at least one elected official from each of the ae ernments to fund transportation improvements. In 2005, participating jurisdictions, or may be the governing body of egislature amended theTBD statute to expand its uses a metropolitan planning organization if theTBD boundaries revenue authority. In 2007, the Legislature amended are identical to the boundaries of the metropolitan planning TBD statute to authorize the imposition of vehicle fees organization serving the district. and transportation impact fees without a public vote. In What are the boundaries of aTBD? 2010, the Legislature amended theTBD statute again to The boundaries of aTBD may be less than the boundaries clarify project eligibility, the use of impact fees, and sales tax of those jurisdictions participating in theTBD. For example, expenditures, and make TBD governance more flexible. a county or city may choose to have theTBD boundaries What is a Transportation Benefit District (TBD)? identical with the county or city, or it may choose just to ATBD is a quasi - municipal corporation and independent include a portion of the county or city. However, if aTBD taxing district created for the sole purpose of acquiring, chooses to exercise the tax authority that does not require constructing, improving, providing, and funding transportation a public vote (e.g. vehicle and impact fees), the boundaries of improvements within the district. theTBD must be countywide, citywide, or unincorporated countywide. Who may create aTBD? The legislative authority of a county or city may create aTBD Why create aTBD if the county or city legislative by ordinance following the procedures set forth in Chapter authority is the governing board? 36.73 RCW.The county or city proposing to create aTBD ATBD is an independent legal creature.Although aTBD may include other counties, cities, port districts, or transit has many of the powers of a county and city (impose taxes, districts through interlocal agreements. eminent domain powers, can contract and accept gifts, etc.), - it is a separate taxing district.Additionally, by being a Who governs theTBD? separate legal and taxing entity,TBDs have more flexibility. members of the legislative authority (county or city) 0 osing to establish aTBD serves as the governing body For example, more than one type of jurisdiction can be part of aTBD and the boundaries can be less than countywide or of theTBD.The legislative authority is acting ex officio and citywide. independently as theTBD governing body. If aTBD includes continued Association ofWashington Cities • 1076 Franklin St SE • Olympia,WA 98501 • www.awcnet.org Can aTBD be created without imposing fees or proposing What transportation improvements can be fund voter approved revenue options? by aTBD? Yes.A county or city takes legislative action through the The definition of transportation improvements is broad.This ordinance process to create aTBD.The ordinance must can include maintenance and improvements to city streets, include a finding that the creation of a TBD is in the public's county roads, state highways, investments in high capacity interest, describe the boundaries of the TBD, and specify the transportation, public transportation, transportation demand activities or functions to be implemented or funded by the management and other transportation projects identified in district.The county or city ordinance creating the TBD may a regional transportation planning organization plan or state also specify and authorize what fees or revenues that the plan. TBD may pursue.The TBD, acting in its own official capacity, In developing criteria for a transportation improvement, it has the authority to identify proposed fees or revenue can include one or more of the following: reduced risk of options. transportation facility failure and improved safety; improved travel time; improved air quality; increases in daily and peak Are TBD revenues required to be spent as they are period trip capacity; improved modal connectivity; improved collected? p p p y ' p y' p freight mobility; cost - effectiveness of the investment; optimal No.The governing body which creates aTBD must develop performance of the system through time; and other criteria, a plan that specifies the transportation improvements to as adopted by the governing body. be provided or funded by the TBD.As part of this plan, the TBD's governing board can indicate if the funds will be used Note: In 2010, cities within King County are specifically immediately, or if they will be collected for a specified period, authorized to provide or contract for supplemental prior to spending the accumulated funds.Typically, funds that public transportation improvements to meet the mobility are collected for a specified period before being expended needs of the city, and may contract for such improvements are used to fully fund large projects, when bonding, or serve with private and nonprofit entities and may also form public - as a match for state or federal funds that may only become private partnerships. available in a specified time frame. If a jurisdiction uses the SEPA process to collect Does aTBD have to meet certain tests? impact fees, would this preclude a TBD from using There are three threshold tests for transportation impact fees? improvements in aTBD: 1) the type of transportation No. However, the law requires the jurisdiction to provide improvement contained within the boundaries of the TBD, a credit to commercial or industrial developments that are 2) whether the improvements are identified in any existing subject to SEPA, or transportation impact fees authorized state, regional, county, city or eligible TDB jurisdiction's (port under GMA.This is commonly called a "no double- dipping" or transit) transportation plan and that the improvements provision. are 3) necessitated by existing or reasonably foreseeable congestion levels. The definition of "congestion" does not have a set standard in law; each TBD has the discretion to tailor and make its own determination of congestion levels when implementing its TBD ordinance. continued O at revenue options do TBD's have? after enactment of the 2007 Iegislation.Today, a county that B D's have several revenue options subject to voter creates a countywide TBD (incorporated and unincorporated approval: areas) and proposes to impose up to a $20 non -voted Property taxes — a I -year excess levy or an excess levy vehicle fee should first attempt to impose a countywide • fee to be shared with cities by interlocal agreement. Sixty for capital purposes; percent (60 %) of the cities representing seventy -five (75 %) • Up to 0.2% sales and use tax; of the incorporated population must approve the interlocal • Up to $100 annual vehicle fee per vehicle registered in agreement for it to be effective.The Legislative expectation is the district; and that if an interlocal agreement cannot be reached between a • Vehicle tolls. county and city or cities, the county is authorized to create a Please Note:There are exemptions or unique requirements TBD and impose the fee only in the unincorporated area of when using the vehicle fee or vehicle tolls. the county. TBD's have two revenue options that do not Credits must be provided for previously imposed TBD vehicle fees. Credits are not required for voter approved require voter approval, but are subject to vehicle fees. additional conditions: I. Annual vehicle fee up to $20.This fee is collected at Commercial and Industrial Transportation the time of vehicle renewal and cannot be used to fund Impact Fees: passenger -only ferry service improvements. ATBD that is either countywide or citywide must provide a I ansportation impact fees on commercial and industrial credit for a commercial or industrial transportation impact ildings. Residential buildings are excluded. In addition, a fee if the respective county or city has already imposed a unty or city must provide a credit for a commercial or transportation impact fee.This is commonly called a "no dustrial transportation impact if the respective county double- dipping" provision. or city has already imposed a transportation impact fee. If we create a countywide TBD for the up to $20 Please Note: Foregoing a vote is an option only. A county vehicle fee, how is the revenue distributed to or city still has the option of placing either the annual fee of cities? up to $20 or the impact fees to the vote of the people as an The revenue must be shared according to the interlocal advisory vote or an actual requirement of imposition. agreement.The law does not prescribe what the interlocal agreement contains. Consequently, the revenue can be shared What are the additional conditions required to by population, number of vehicles within each jurisdiction, impose revenue options not subject to voter project list, a combination of these, or whatever the county approval? and cities can reach agreement on. To impose either fee, the TBD's boundaries must be countywide or citywide, or if applicable, in the What happens if a city imposes the up to $20 unincorporated county. vehicle fee and then the county imposes a countywide fee without voter approval? Vehicle Fees: The law requiresTBDs to provide a credit for vehicle fees When the Legislature revised the TBD authority in 2007 to previously imposed by a TBD. enable councilmanic vehicle fees, it was intended to ensure a county -wide or regional approach for first consideration of this new option.That is why counties had the exclusive ill ority of the $20 vehicle fee for the first six months continued For example, if a city was the first to create aTBD and What other requirements should I be aware of? impose a $20 vehicle fee and subsequently its county Revenue rates, once imposed, may not be increased, unless creates a countywide TBD imposing a $20 vehicle fee, the authorized by voter approval. county TBD must provide a $20 credit against its fee for If project costs exceed original costs by more than 20 vehicles registered within the city.As a result, no fee would percent, a public hearing must be held to solicit public be collected by the county TBD from vehicles registered comment regarding how the cost change should be resolved. within the city.Additionally, the city Would not be part of the This is typically called a material change policy. interlocal agreement with the county or be included in the number /percentages needed for the interlocal agreement to The TBD must issue an annual report to include the status be effective. of project costs, revenues, expenditures, and construction schedules. However, if in the same example, the city TBD imposed only $10 of the $20 vehicle fee and the county TBD imposed The TBD must be dissolved upon completion of the a countywide $20 vehicle fee, only a $10 credit would be project(s) and the payment of debt service. provided for vehicles registered within the city.The county TBD would collect $10 from vehicles registered in the city. Who has imposed aTBD? The cities of Lake Forest Park, Edmonds, Des Moines, Consequently, the county TBD would need to include the Olympia, Prosser, and Shoreline imposed the $20 vehicle city in the interlocal agreement discussions and the city is fee. Ridgefield and Sequim passed the 2/I0% sales tax. included in the number /percentages needed for the interlocal agreement to be effective. Point Roberts and Liberty Lake formed TBD's prior to the legislative changes in 2005. If a county or city is considering the $20 vehicle fee, how does a county or city estimate revenues? Currently, no TBD has been in effect for an entire year and therefore revenue estimates and histories are incomplete. Checklist WhatTBDs around the state have learned to date: vehicles For a checklist that highlights many of the important per household calculations vary significantly around the considerations when creating a Transportation Benefit state. Statistical data shows that there tends to be about District (TBD), please see www.awcnet.org /tbd. one vehicle per person in rural areas and 0.8 vehicles per person in urban areas. Another factor to strongly consider Eligibility requirements vary. For additional questions on is seasonality; vehicles sales are not evenly distributed Transportation Districts, please contactAWC staff throughout the year and this will affect monthly receipts. Ashley Probart at ashleyp @awcnet.org Finally, a city or county must understand and recognize that Sheri Sawyer at sheris @awcnet.org. other factors such as people failing to register their vehicles, and data accuracy can affect actual revenues when compared • to forecasted revenues.