RESOLUTION No. R2008-11
A RESOLUTION of the Board of the Central Puget Sound Regional Transit Authority calling an election to approve local taxes to implement the Sound Transit 2 Regional Transit System Plan; describing the proposed high-capacity transportation system improvements; setting forth the ballot title and confirming and fixing the Authority’s boundaries for said election.
WHEREAS, the Central Puget Sound Regional Transit Authority (hereinafter Sound Transit), is the duly authorized regional transit authority for the Pierce, King, and Snohomish County region under Chapters 81.104 and 81.112 RCW. Sound Transit is authorized to plan, develop, operate and fund a high-capacity transportation system within the Sound Transit region; and
WHEREAS, in 1996, voters within the Sound Transit district approved local funding to implement the Sound Move regional transit system plan as the first phase of a regional high-capacity transportation system for the Central Puget Sound region; and
WHEREAS, most of the transit projects and services identified in Sound Move, including, Link light rail, Sounder commuter rail, ST Express bus, and HOV access lanes, are either under construction, or have been completed and are serving the public. Sound Transit currently operates 238 express buses, 18 daily commuter trains, and the Tacoma Link light rail line. Additional commuter trains will begin service in 2008 and 2009, and the Link light-rail line is on schedule to begin operating between downtown Seattle and SeaTac Airport in 2009; and
WHEREAS, although Sound Move has effectively provided regional transportation alternatives to address the current and future mobility needs of the region, significant population and employment growth is predicted for the central Puget Sound region in the next several decades; and
WHEREAS, by Resolution No. R2007-05 (May 24, 2007), the Sound Transit Board adopted the Sound Transit 2 Regional Transit System Plan to fund the second phase of high-capacity transportation system improvements. The regional transit plan and a regional roads plan were presented to voters as part of a joint ballot proposal as required by state law; and
WHEREAS, the November 6, 2007 ballot measure to fund both the Sound Transit 2 Regional Transit System Plan and a regional roads plan did not pass; and
WHEREAS, after conducting a significant outreach effort to seek input from citizens about their regional transportation needs, by Resolution No. R2008-10 (July 24, 2008), the Sound Transit Board adopted Sound Transit 2, A Mass Transit Guide, The Regional Transit System Plan (“Sound Transit 2 Plan”) that includes transportation projects and services that cost less and will be completed and used by citizens in a shorter time frame, and it includes revised financial policies to guide the next phase of development of the regional system; and
WHEREAS, the Puget Sound Regional Council will review the revised Sound Transit 2 Plan for conformity with regional transportation and development plans, including Vision 2040 and Destination 2030, and the Expert Review Panel has provided and will continue to provide comments on the plan consistent with RCW 81.104.110; and
WHEREAS, the funding and implementation of the revised Sound Transit 2 Plan will provide improved high-capacity transportation services, including express bus, light rail and commuter rail, necessary for the continued mobility of the citizens of Pierce, King and Snohomish Counties and for the maintenance of both the environment and economy.
NOW THEREFORE BE IT RESOLVED by the Board of the Central Puget Sound Regional Transit Authority as follows:
Section 1. The Board hereby finds and declares that the best interests and welfare of the citizens of the Pierce, King and Snohomish Counties region require Sound Transit to implement the Sound Transit 2 Plan, as described in the document entitled “Sound Transit 2, A Mass Transit Guide, The Regional Transit System Plan for Central Puget Sound”, “Mass Transit Guide” herein, adopted by Resolution No. 2008-10 (July 24, 2008), which includes the following types of capital and service improvements to further develop and expand high-capacity transportation corridors and services for the region:
a) Light-Rail Extensions. Sound Transit shall plan, develop and provide for the operation of an expanded regional light-rail system and other associated or necessary system improvements, including the acquisition of rights-of-way and real property interests, rail lines and rolling stock, rail stations, system access improvements, and such other appurtenant facilities as may be necessary for the implementation of the regional light-rail system extensions as generally described in the revised Sound Transit 2 Plan.
b) Sounder Commuter-Rail Improvements. Sound Transit shall plan, develop and provide for the operation of an expanded regional commuter-rail system and other associated or necessary system improvements, including the acquisition of rights-of-way and real property interests, rail lines and rolling stock, rail stations, system access improvements, and such other appurtenant facilities as may be necessary for the implementation of the regional commuter-rail improvements as generally described in the revised Sound Transit 2 Plan.
c) ST Express Improvements. Sound Transit shall plan, develop and provide for a better coordinated and more efficient regional express bus system and other associated or necessary system improvements, including the acquisition of rights-of-way and real property interests, rolling stock, transit centers, system access improvements, and such other appurtenant facilities as may be necessary for the implementation of an improved and expanded regional express bus system as generally described in the revised Sound Transit 2 Plan.
d) Corridor Planning Studies. Sound Transit shall study future potential system expansion options, including corridor planning studies to identify potential investments for a future phase of high-capacity transit investments, as generally described in the revised Sound Transit 2 Plan.
The cost of all necessary property acquisition, relocation, equipment; construction, architectural, design, engineering, permitting, legal, planning, and other related consulting services; inspection and testing; administrative expenses; operations and maintenance, capital replacement; debt service; and other costs incurred in connection with the implementation of the revised Sound Transit 2 Plan improvements shall be deemed a part of the costs of such improvements. Sound Transit shall determine the exact extent, specifications and procurement methods for all such improvements.
The Board shall determine the application of available monies as between the various projects set forth above, consistent with the financial policies adopted as part of the revised Sound Transit 2 Plan, and provide legislative direction as may be necessary to respond to changed conditions and circumstances so as to accomplish, as nearly as may be, all improvements described or provided for in this section.
In accordance with the revised Sound Transit 2 Plan, the Board may issue bonds from time to time to finance the plan and use the proceeds of the taxes approved by the voters as provided for herein to pay principal and interest on said bonds.
The Board finds and declares that the approximate estimated cost of the revised Sound Transit 2 Plan during the estimated fifteen-year implementation period, including costs incident thereto, is, as near as may be estimated, the sum of $17.9 billion (including capital and operating costs and inflation).
Section 2. In the event the funds legally available to implement the revised Sound Transit 2 Plan, including, without limitation, the proceeds of local taxes, fares, revenue, bonds, federal grants, and other contributions from any source, exceed the amount required to pay the cost to fully implement the revised Sound Transit 2 Plan, including any unfunded projects, Sound Transit will use such excess funds as may be determined by the Board to be in the best interests of the region, which may include, but not be limited to, the application of such funds to existing or new fund accounts, Sound Move plan improvements, right-of-way preservation, expanded transit services and associated capital and operating and maintenance costs, capital replacement costs, reserve fund accounts for future operating and capital costs, reducing debt service costs, or reducing the total level of bonded indebtedness or reducing tax levies, and/or authorizing new improvements as the Board deems appropriate, consistent with Resolution No. R2008-10.
In the event that the funds legally available to implement the revised Sound Transit 2 Plan, including, without limitation, local taxes, revenue, fares, bond proceeds, federal grants, and other contributions from any source, are determined by the Board to be sufficient to accomplish the revised Sound Transit 2 Plan, Sound Transit shall acquire, construct, equip, operate, maintain, replace, or make such improvements to the facilities and equipment of the Authority as the Board deems necessary to implement and achieve the objectives of the revised Sound Transit 2 Plan and of the Sound Move plan.
In the event that the funds legally available to implement the revised Sound Transit 2 Plan, including, without limitation, local taxes, revenue, fares, bond proceeds, federal grants, and other contributions from any source, are determined by the Board to be insufficient to accomplish the revised Sound Transit 2 Plan, Sound Transit shall use the available funds for paying the cost of those improvements, or portions thereof, contained in the revised Sound Transit 2 Plan or Sound Move that are deemed by the Board, in its discretion, to be most necessary and in the best interests of Sound Transit after consideration of the financial policies adopted as part of the revised Sound Transit 2 Plan. The Board may amend the revised Sound Transit 2 Plan accordingly to reflect such adjustments to the plan as the Board, in its discretion, deems appropriate under the circumstances, and as may be authorized by the revised Sound Transit 2 Plan, this resolution, or by law.
In the event that the revised Sound Transit 2 Plan improvements, or some portion thereof, are for any reason determined to be unaffordable due to increased cost or insufficient revenue, or impractical or infeasible to accomplish due to changed or unforeseen conditions or to force majeure events, in addition, and supplemental to, the authority granted above, the Board may also elect to implement the steps authorized in the “adjustments to subarea projects and services” section of the financial policies, or amend the revised Sound Transit 2 Plan as otherwise permitted by law or as provided by this resolution, and use the available funds to pay principal or interest on bonds, and to pay for such affordable and feasible portions of the capital and/or service improvements identified in the revised Sound Transit 2 Plan and/or such other capital and/or service improvements that best achieve the stated goals of the revised Sound Transit 2 Plan, as the Board in its discretion shall determine to be appropriate or necessary in accordance with law and Board policies.
Section 3. Voter approval of this resolution and the revised Sound Transit 2 Plan incorporated herein shall authorize taxes to fund the planning, design, construction, and ongoing costs to operate and maintain the projects and transportation services that are part of the revised Sound Transit 2 Plan and the Sound Move plan making up the voter-approved regional transportation system. Additional voter approval shall be required to use the taxes authorized herein for the construction of any future program of capital phase improvements not authorized in the revised Sound Transit 2 Plan or in Sound Move.
Section 4. For the sole purpose of providing funds for the planning, development, permanent operation, and maintenance of a high-capacity transportation system as provided in Chapters 81.104 and 81.112 RCW, and as described in the revised Sound Transit 2 Plan adopted in Resolution No. R2008-10 (July 24, 2008) (and fully incorporated herein by reference), and as described in Resolution 73, (May 31, 1996), Sound Transit shall do the following:
(1) after allocating sufficient funds to pay the ongoing monetary obligations incurred to implement Sound Move as such obligations come due, Sound Transit shall allocate the remaining excess revenue generated by the taxes approved by the voters to fund Sound Move, including the existing four-tenths of one percent sales and use tax, and the existing three-tenths of one percent motor-vehicle excise tax (which motor-vehicle excise tax shall not be imposed after 2028) to pay a portion of the cost to implement the revised Sound Transit 2 Plan. The excess tax revenue estimated to be available to fund the revised Sound Transit 2 Plan is $2.3 billion; and
(2) Sound Transit shall levy or impose and collect additional sales and use taxes of up to five-tenths of one percent as provided in RCW 81.104.170. This sales and use tax is in addition to the existing local-option taxes approved by voters in 1996 and described in subsection 4(1) above.
These additional and existing local-option taxes may be levied or imposed and collected for the purposes described herein if the taxes are approved for said purposes by the voters within the Authority’s boundaries at the election called by this resolution pursuant to RCW 81.112.030.
Section 5. The local-option taxes approved by the voters shall be levied or imposed at such rates and collected as of such dates as may be determined by the Board pursuant to law. The Board intends for the levy, imposition, and collection of the additional five-tenths sales and use tax to begin on January 1, 2009.
Section 6. The existing four-tenths of one percent sales and use tax, and the existing three-tenths of one percent motor-vehicle excise tax approved by the voters shall continue to be levied or imposed for the purposes set forth in Resolution 75 and as provided in Sane Transit v. Sound Transit, 151 Wn.2d 60, 85 P.3d 346 (2004), notwithstanding the outcome of the election provided for herein.
Section 7. To ensure that implementation of the revised Sound Transit 2 Plan occurs within the framework and intent of the financial policies adopted by Resolution No. R2008-10, Sound Transit’s financial statements will be subjected to a financial audit each year by an independent auditing firm, and Sound Transit shall appoint and maintain an advisory citizen oversight committee for the construction period. The oversight committee will be charged with an annual review of Sound Transit’s performance and financial plan, for reporting and providing recommendations to the Board.
Section 8. The Sound Transit Board finds and declares that this Resolution No. R2008-11 is the proposition to be submitted to the voters to be voted upon at the general election to be held within the Authority’s boundaries on November 4, 2008. The Board requests the Pierce County Auditor, the King County Manager of Records and Elections, and the Snohomish County Auditor to assume jurisdiction of and to call and conduct such election and to submit this resolution as the Sound Transit proposition to the voters, and to use regular polling place or other authorized voting ballot procedures as provided in Chapters 81.104 and 81.112 RCW, and other applicable law.
RCW 81.104.140(9) requires that a local voters’ pamphlet be produced as provided in Chapter 29A.32 RCW. Accordingly, the Board directs the chief executive officer to request the county elections officials to print a complete and accurate copy of this Resolution No. R2008-11 in the voters’ pamphlet, and to coordinate on production and distribution of the local voters’ pamphlet, pursuant to such arrangements as the county elections officials deem appropriate and necessary.
Section 9. The chief executive officer is authorized and directed to certify to the Pierce County Auditor, the King County Manager of Records and Elections, the Snohomish County Auditor, and such other appropriate officials, within the time required by law, a copy of this Resolution No. R2008-11 as the proposition to be submitted and voted upon at said election.
Section 10. The chief executive officer is further authorized and directed to certify to the Pierce County Auditor, the King County Manager of Records and Elections, the Snohomish County Auditor, and such other appropriate officials, within the time required by law, a copy of the ballot title for this Resolution No. R2008-11. The ballot title shall be in substantially the following form:
SOUND TRANSIT (A REGIONAL TRANSIT AUTHORITY)
MASS TRANSIT EXPANSION
PROPOSITION _____
To expand and coordinate light-rail, commuter-rail, and express bus service (beginning 2009), and improve access to transit facilities in King, Pierce and Snohomish Counties, shall Sound Transit impose an additional five-tenths of one percent sales and use tax, and use existing taxes to fund the local share of the $17.9 billion estimated cost (includes construction, operations, maintenance, interest and inflation), with independent audits, as described in the Mass Transit Guide and Resolution R2008-11?
YES....................|__|
NO......................|__|
Section 11. The Sound Transit Board finds and declares that the boundary provided in Exhibit A-1 to this Resolution No. R2008-11 is hereby fixed as the final election boundaries for the Authority’s election to be held on November 4, 2008. The Board directs and authorizes the chief executive officer to deliver, within the time required by law, said final election boundaries to the Pierce County Auditor, the King County Manager of Records and Elections and the Snohomish County Auditor.
Section 12. The Board hereby authorizes the chief executive officer to take any other and further actions deemed necessary to implement the policies and determinations of the Board pursuant to this Resolution No. R2008-11.
ADOPTED by the Board of the Central Puget Sound Regional Transit Authority by not less than a two-thirds affirmative vote of the entire membership of the Board at a regular meeting thereof held on July 24, 2008.
Greg Nickels (signed)
Board Chair