HomeMy WebLinkAbout05/15/2012 11 License Tab Fee Ballot Measure for Election November 6, 2012; Transportation Benefit District A
d
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 I
For Meeting of: May 15, 2012
ITEM TITLE: A Resolution of the City of Yakima Transportation Benefit
District concerning a voter - approved license tab fee to pay
for transportation needs; submitting a ballot measure
regarding transportation funding to the qualified electors of
the City of Yakima Transportation Benefit District at an
election to be held on November 6, 2012; authorizing the
Yakima County Prosecutor review ballot title; and
requesting that the Yakima City Attorney prepare an
explanatory statement for Yakima County's local voter's
pamphlet.
SUBMITTED BY: Bronson Faul, Assistant City Attorney
CONTACT Bronson Faul, Assistant City Attorney /575 -6030
PERSON /TELEPHONE:
SUMMARY EXPLANATION: ,
City Council voted to move forward to an election of the people for a $20 annual vehicle
registration fee. The fee, if approved, will raise approximately one million dollars per year
and will be used on projects defined in the TBD. 100% of the revenue generated is
dedicated to transportation projects and can be used for no other purposes. The vehicle
license fee will expire when the project list is complete and all debt obligations have been
terminated. If council wishes to proceed to a ballot, a resolution has to be passed
authorizing the issue to be presented to the voters.
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:
Adopt Resolution.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
C] Memo to Council re Election for $20 Vehicle License Fee
TBD - Resolution re Election for $20 Vehicle License Fee
❑ Explanatory Statement
O Rules for Jurisdictions 2012
CITY OF YAKIMA
LEGAL
DEPARTMENT
203South Yat ,W a (31►j5oFaKOCE)
MEMORANDUM
March 26, 2012
TO: TBD Board
FROM: Bronson Faul, Assistant City Attorney
SUBJECT: Election for $20 Vehicle License Fee
The City of Yakima Transportation Benefit District (TBD) is considering a resolution to send to
the voters a proposition to impose a $20 vehicle license fee. This fee, if passed, will be used to
fund the TBD project list. Since this resolution is considered a TBD resolution and not a City
Council action, the City Council would first need to adjourn from their regular meeting and call
the TBD meeting to order. This can be done at any time during or at the conclusion of the
council's regular business meeting. Acting as the TBD board, the resolution supporting the
vehicle license fee proposition would then be brought forward for consideration and a motion
made for approval if that were the preferred action to be taken.
If the resolution is passed, then an additional consideration will also be required. Pursuant to
the Revised Code of Washington, the TBD shall formally appoint a committee to prepare
arguments advocating voters' approval of the measure and shall formally appoint a committee
to prepare arguments advocating voters' rejection of the measure. Each committee shall have
no more than 3 members. Pursuant to guidelines published by the Yakima County Auditor
(Elections Division), the TBD must appoint the members of both committees before August 27,
2012. If the TBD fails to make the appointments by that date, the county auditor will be tasked
with that duty
There are a number of costs attributable to an election. The first cost is for the election itself.
The city is responsible for its portion of the ballot. Those costs fluctuate depending on the
number of votes and issues on the ballot. The city will also be responsible for the proportionate
share of the cost for the local voter pamphlet. There are also miscellaneous costs such as
translation, etc.
RESOLUTION NO. TBD -R -1
A RESOLUTION of the City of Yakima Transportation Benefit District concerning a voter -
approved license tab fee to pay for transportation needs, submitting a ballot
measure regarding transportation funding to the qualified electors of the
City of Yakima Transportation Benefit District at an election to be held on
November 6, 2012; authorizing the Yakima County Prosecutor review
ballot title; and requesting that the Yakima City Attorney prepare an
explanatory statement for Yakima County's local voter's pamphlet.
WHEREAS, on February 7, 2012, the City of Yakima passed Ordinance No. 2012 -08
establishing the City of Yakima Transportation Benefit District (TBD); and
WHEREAS, the Revised Code of Washington (RCW) authorizes the TBD to levy and
impose various taxes and fees to generate revenues to support transportation improvements
that are defined in the TBD project list; and
WHEREAS, the TBD may authorize a twenty - dollar vehicle license fee pursuant to RCW
82.80 and RCW 36.73 to be imposed with approval of a majority of voters in the district voting
on the proposition at a general or special election; and
WHEREAS, currently the TBD is unfunded and a twenty - dollar vehicle license fee will
provide funding to complete the project list; and
WHEREAS, the TBD finds and determines that the best approach for ensuring
accountability and oversight of the vehicle license fee is to establish a term for collection of such
fee that will expire when the projects identified in the TBD Amended Project List #1, as it
currently exist or as amended, have been completed and the debt obligations therefore are
retired; Now, Therefore,
BE IT RESOLVED BY THE CITY OF YAKIMA TRANSPORTATION BENEFIT
DISTRICT:
Section 1. The City Clerk is directed to certify to the Director of Records and
Elections of Yakima County, Washington a copy of this resolution and the proposition to be
submitted at the November 6, 2012 general election in the form of a ballot title as follows, or as
modified by the Yakima County Prosecuting Attorney pursuant to his duties under RCW
29A.36.071:
PROPOSITION NO. 1
The City of Yakima Transportation Benefit District's Proposition No. 1 concerns
establishment and imposition of a $20 annual Vehicle License Fee for transportation
improvements.
If approved, this proposition would fund transportation projects benefiting the City of
Yakima, including street repair and maintenance as identified in the Transportation
Benefit District's Amended Project list #1. It would authorize a $20 vehicle fee imposed
on annual renewal of vehicle registration beginning in 2012, allowing collection of
1
approximately $1 million annually. The fee will expire upon completion of all projects and
the debt obligations therefore are retired.
Should this Vehicle License Fee be approved?
Yes [ ]
No [ ]
Section 2. The City Attorney's Office is directed to draft an explanatory statement for
the Yakima County local voters' pamphlet.
ADOPTED BY THE CITY OF YAKIMA TRANSPORTATION .BENEFIT DISTRICT this
day of April, 2012.
• Micah Cawley, Chair
•
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
2
Explanatory Statement
City of Yakima voters are asked to authorize Proposition 1 which will dedicate funding for the
City of Yakima Transportation Benefit District (TBD). If approved, $20 will be added to the cost
of annual vehicle registration. The fee will raise approximately one million dollars per year and
will be used on projects defined in the TBD. 100% of the revenue generated is dedicated to
transportation projects and can be used for no other purposes. The vehicle license fee will
expire when the project list is complete and all debt obligations have been terminated.
General Election
online Local Voters' Pamphlet
Administrative rules
for
units of local government
1. ,O )1;i, kl,.
Voters' Pamphlet administrative rules were developed in 1989 in conjunction with the first local voters' pamphlet
published in Yakima County. The following rules represent the current rules in their entirety, as amended. The
rules, as adopted by the Board of County Commissioners, contain dates that change from year to year. Solely
changing these dates and deadlines will not require a vote by the Board of County Commissioners and will not result
in "amending" the administrative rules.
These administrative rules are hereby amended and adopted the 14th day of February, 2012 by the Board of
Yakima County Commissioners.
r , ' P X0
f .li Yakima County Auditor's Office! Elections Division
`. (/ ' 128 N 2 Street Room 117
9 Yakima WA 98901
PO Box 12570
Yakima WA 98909
509.574.1340 1 1.800.833.0569 •
www.yakimacounty.us /vote 1 iVote @co.yakima.wa.us
Contents
Yakima County Online Local Voters' Pamphlet
Cover
List of participants
Introduction by Auditor
Table of contents
Sample ballot
Description of offices
Candidate statements and photos
Ballot propositions'
✓ Ballot titles
✓ Explanatory statements
✓ For and Against statements & rebuttals
Precinct and Designated Accessibility Site information
Voter registration and replacement ballot information
2012 Calendar
dates and deadlines
Date Task
May 8 County Commissioners to approve amendments to LVP
administrative rules.
(Last agenda date prior to candidate filing period.)
July 13 Not later than 90 days before publication and distribution of a
LVP, the Auditor
must notify County Commissioners and units of local govemments
that a local
voters' pamphlet will be produced. RCW 29A.32.220
August 10 Deadline for County Commissioners to waive participatory
requirement for units
of local government when undue financial hardship would°resu or
when a unit
of local government already produces a pamphlet. (60 days prior to
publication of
LVP) RCW 29A.32.220
August 7 Resolutions due for Special Election to be held in conjunction with
General
Election
August 7 Primary
August 10 Deadline for ballot measure Explanatory Statements
August 15 - Deadline for appeal of rejected Explanatory Statements
August 27 Last day jurisdiction may appoint committees to prepare
statements for and
against local ballot measures. RCW 29A.32.280 (45 days prior to
publication of LVP)
■ If jurisdiction appoints ballot measure committees by the August 27 deadline:
September 4 For /Against statements due
September 5 Exchange For /Against statements
September 11 Rebuttals to For /Against statements due
If For /Against statement is rejected:
September 7 Deadline for appeal or submission of re- written statement
September 12 Decision due on appeal of rejected statement,
■ If jurisdiction fails to make appointments to ballot measure committees by the August 27 deadline:
September 4 Auditor will publish legal ad in newspaper requesting participation
September 7 Deadline for formation of requested committees
September 13 For /Against Statements due
September 14 Exchange For /Against Statements
September 20 Rebuttals to For /Against Statements due
October 1 Deadline to send ballot measure? tee Chair a. typeset copy for proofing
October 11 Online Local Voters' Pamphlet published for General Election
(www.vakimacountv.us/vote)
November 6 General Election
November 27 General Election certification
Participation
specifications for
In counties that produce a local voters' pamphlet, share of the cost when such elections are held in
RCW 29A.32.220 makes participation in the voters' conjunction with other elections. The purpose of this
pamphlet mandatory for units of local government. section is to clearly establish that the county is not
This pamphlet shall include all offices and ballot responsible for any costs involved in the holding of
measures for all jurisdictions located within the any city, town or district election. ."
county. However, if a first class or code city
publishes and distributes a voters' pamphlet for its In the event that no information (candidate or ballot
own offices and measures, they shall not be included measure statements) is submitted, such district will
in the county's local voters' pamphlet. In addition, if a NOT be included in the local voters' pamphlet and
city or town is obligated by ordinance or charter to said jurisdiction will not be charged the pro -rated cost
publish and distribute its own voters' pamphlet, its of the pamphlet.
offices and measures are not required to appear in
the county local voters' pamphlet.
If the required appearance in the county's voters'
pamphlet would create undue financial hardship for a
local unit of government, the legislative authority of Online Local Voters' Pamphlet
the jurisdiction may petition the county
commissioners to waive the requirement to be The Yakima County Auditor is committed to providing
included in the pamphlet. The county commissioners candidate information to the electorate of Yakima
may provide such a waiver no later than sixty days County while being fiscally responsible, therefore the
before the publication of the pamphlet. Yakima County Elections Division will only provide an
online version of the Local Voters' Pamphlet.
Notification to Jurisdictions
No later than 90 days before the publication and Bi - lingual Local Voters' Pamphlet
distribution of a local voters' pamphlet by a county, In compliance with the 1965 Voting Rights Act,
the county auditor shall notify each city, town or Section 203c, Yakima County produces a bilingual
special taxing district located wholly within the county local voters' pamphlet. Federal requirements state
that a pamphlet will be produced. RCW 29A.32.220 that those localities where more than 10,000 or
over 5 percent of the total voting age citizens who
Responsibility for Cost of Pamphlet are members of a single minority language group,
The cost of the local voters' pamphlet is considered have depressed literacy rates, and do not speak
an election cost to the participating jurisdictions and English very well, shall provide materials in the
such cost will be pro -rated in the manner as provided applicable minority language. Yakima County has
in RCW 29A.04.410; which states that .. "every city, produced all voting materials in English and Spanish
town and district shall be liable for its proportionate since 2002.
Ballot Measure Explanatory Statements
specifications for
Requirements of Law
A ballot measure submitted for inclusion a local profane or defamatory will be rejected. Rejected
voters' pamphlet must be accompanied by an statements may be resubmitted or appealed within
explanatory statement about the measure. five (5) days. We suggest short, concise
RCW 29A.32.241 sentences arranged in three or four short
paragraphs. Statements should be neatly typed or
Preparation of Explanatory Statements printed upon submission.
Explanatory statements shall be prepared by the • Length: Explanatory statements shall not exceed
attorney for the district submitting the ballot measure. 100 words.
All explanatory statements not written by an attorney • Deadline: All explanatory statements must be
for a city, town or district will be submitted to the submitted by August 10.
County Prosecuting Attorney for review and
approval. Typography
Headings will be set in bold type, the statement will
When the explanatory statement is for a measure be set in upper and lower case.
that was initiated by a citizen petition, the text of the
explanatory statement will be provided immediately
to the individual or committee proposing the
measure.
Extensions
All explanatory statements will appear in the online The Yakima County Auditor shall have the authority
Local Voters' Pamphlet prior to the General Election. to grant any deadline extension which he /she feels is
Purpose of Explanatory Statements in the best public interest. All extensions will be
The explanatory statement shall state the law as it equally granted to opposing candidates or
presently exists and what the result of passing the committees.
ballot measure would be. Availability of Full Text
Restrictions on Explanatory Statements The following will be printed on the Table of Contents
page. "NOTE: The full text of all ballot propositions
• Content: Explanatory statements must be written is available upon request at the Yakima County
in clear and concise language, avoiding legal and Auditor's Office, Election Division."
technical terms when possible. Statements which
are found to be libelous, biased in content, obscene,
Committee Statements
specifications for
Requirements of Law oppose the measure to serve on the committee
Any city, town or district placing a ballot measure on advocating rejection
the General Election ballot shall have a statement Each committee may have up to three members;
supporting and a statement opposing the ballot however, a committee may seek the advice of any
measure included in the voters' pamphlet. person or persons. The committee shall submit one
RCW 29A.32.280 jointly authored statement.
Committees "For" and "Against" a Ballot The committee shall elect a chairperson from its
Measure members, and shall notify the County Auditor of the
For each measure from a unit of local government names and contact information for the committee
that is included in the online local voters' pamphlet, members. (Attached is a form to be filled out and
the legislative authority of that jurisdiction shall, not filed by each committee submitting a supporting or
later than August 27, formally appoint a committee to opposing statement.)
prepare arguments advocating voters' approval and
a committee to prepare arguments advocating voters' The names of committee members who compose
rejection of the measure. The legislative authority the statement for the online local voters' pamphlet
shall appoint persons known to favor the measure to will be listed as they appear on the committee
serve on the committee advocating approval and assignment form. Each committee may submit
shall, whenever possible, appoint persons known to contact information for inclusion in the online Local
Voters' Pamphlet consisting of a telephone number,
an email address, and an Internet address which will words. Such rebuttal statements must be
not count toward the maximum word allowance. addressed to the opposition argument and must not
inject any new issue. There is no space allowed for
Note. If the legislative authority of a unit of local headings or subheadings in the rebuttal statement.
government fails to make such appointments by the Rebuttal statements must be submitted no later than
prescribed deadline (August 27) the county auditor September 11. Hearings are not permitted in
shall whenever possible make the appointments. connection with rebuttal statements.
The "For" and "Against" Statements of a ballot Typography
measure and the rebuttal statements will appear in Headings will be set in bold caps; the statement will
the online Local Voters' Pamphlet prior to the be set in upper /lower case.
General Election.
Appeal of Rejected Statements
Restrictions on Ballot Measure Statements Committees will be notified if their statement has
• Content: Statements which are found to be been rejected for any reason. They will have three
libelous, obscene, profane or defamatory will be days after the rejection notice to appeal it or submit a
rejected by the County Auditor. Rejected re- written statement. Appeals or re- written
statements may be re- submitted or appealed statements must be submitted no later than
within three days of rejection. September 7.
• Length An official statement, either for or Appeals will be made to a board comprised of the
against any local measure, shall not exceed County Auditor, Prosecuting Attorney and a member
150 words. Headings, from the legislative body of the jurisdiction that
subheadings, and the list of committee submitted the ballot measure. . The board will make
members and contact its final decision on appeals by September 12. .
information are not counted toward the maximum
word allowance. All of the material in excess of the
Proofing
word limit, counting from the beginning of the
statement, will be omitted. If such a deletion creates To ensure maximum accuracy, the County Auditor
an incomplete portion of a sentence at the end of the will mail a proof copy of the statement and rebuttal to
statement, that incomplete sentence will be omitted the designated chairperson of the respective
There will be no exception to these limitations. committees at least one calendar week prior to the
online publication of the local voters' pamphlet for the
• Format: All statements should be typewritten, General. Election.
double- spaced and in standard paragraph style,
without tables, lists or other material requiring Committees will not be permitted to amend the
multiple indention. Short concise sentences content of their statement or rebut once it's
arranged in three to four brief paragraphs will submitted. Only the correction of incidental errors in
most effectively present an argument. spelling, punctuation, or typesetting will be allowed.
Hyphenated words are counted as two words
unless they are hyphenated in Webster's New Extensions
Collegiate Dictionary. The County Auditor (or
election staff) will not make any change in the The Yakima County Auditor shall have the authority
content of any statement which would alter the to grant any deadline extension which he /she feels is
meaning or substance of the statement. The County in the best public interest. All extensions will be
Auditor (or election staff) may, however, correct any equally granted to opposing candidates or
incidental errors of spelling, grammar and committees.
punctuation which he /she feels would unfairly
prejudice the committee's statement or confuse Order of Appearance
the voter Measures shall appear, in the closest possible order,
• Deadline: All official statements must be manner and form in which they are designated upon
submitted by September 4. This will allow time the ballot.
for statement review, translation, and preparation for Inadvertent Omission of Statement
publication.
In the event a statement supporting or opposing a
Rebuttal Statements ballot measure is inadvertently omitted or not
Within 24 hours of the deadline for submitting a ballot published in its entirety, due to an election
measure statement, , the County Auditor will department error, the County Auditor will immediately
exchange copies with the opposing committees so post such statement in the online guide.
that each can write a rebuttal, not to exceed 75 Disclaimer
The following disclaimer will appear in substantially
the following form at the beginning of the pamphlet
and at the bottom of the page when supporting and
opposing statements appear:
"Statements supporting and opposing a ballot
proposition, as published in this pamphlet, are the
opinions of the authors and have not been checked
for factual or grammatical accuracy by an official
government agency."
Fees
No fees will be charged to committees submitting
materials to be included in the local voters' pamphlet.
The cost of the local voters' pamphlet shall be
considered an election cost to those jurisdictions
included in the pamphlet and shall be prorated in the
manner provided in RCW 29A.04.410.
Public information
Arguments submitted for publication in the online
Local Voters' Pamphlet that support or oppose a
measure are not available for public inspection or
copying until (i) the arguments on both sides have
been received, unless a committee was not
appointed for one side or (ii) the deadline for
submission of arguments has elapsed.
Rebuttal arguments submitted for publication in the
online Local Voters' Pamphlet are not available for
public inspection or copying until (i) the rebuttals on
both sides have been received, unless a committee
was not appointed for one side, or (ii) the deadline for
submission of rebuttals to arguments has elapsed.
RCW 29A.32.100
Committee Assignments
ballot measure statements
Name of Jurisdiction:
Proposition:
Committee "for" the ballot measure Committee "against" the ballot measure
1. Name (Chairperson) 1. Name (Chairperson)
Title /Organization Title /Organization.
Contact information Contact information.
2. Name: 2. Name:
Title /Organization Title /Organization.
Contact information. Contact information:
3 Name. 3 Name
Title /Organization Title /Organization
Contact information. Contact information:
Committee contact information for inclusion in Committee contact information for inclusion in
the online Local Voters' Pamphlet the online Local Voters' Pamphlet
(does not count toward the maximum word allowance) (does not count toward the maximum word allowance)
phone phone.
email address email address.
Internet address* internet address:
I hereby certify that the above named individuals have been appointed and have consented to serve as indicated and
the name, titles, and /or organizations should be listed in the official online local voters' pamphlet in the manner set
forth above.
Date Representative of Jurisdiction's Legislative Authority