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3673RESOLUTION NO.3673 A RESOLUTION OF THE MOSES LAKE TRANSPORTATION BENEFIT DISTRICT BOARD PROVIDING FORABALLOT PROPOSITIONTOBESUBMITTED TO THEQUALIFIED ELECTORS OF THE DISTRICT TO AUTHORIZE A SALES AND USE TAX TO BE IMPOSED WITHIN THE BOUNDARIES OF THE DISTRICT UPON ALL TAXABLE RETAIL SALES AND USES IN THE AMOUNT OFTWO-TENTHS OFONE PERCENT (0.2%)FORTHE PURPOSE OFFINANCING ALL ORA PORTION OFTHECOSTSASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE DISTRICTS IDENTIFIED HEREIN RECITALS: 1.The City of Moses Lake established a transportation benefit district as authorized by the Revised Code of Washington (RCW)35.21.225 and subject to the provisions of RCW 36.73 through the adoption of Ordinance No.2847 on December 27, 2016 for the purpose of acquiring,constructing,improving, providing,and funding transportation improvements within the district that are consistent with any existing state,regional,and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. 2.The City Council of the City of Moses Lake found it to bein the best interests of the City to establish a citywide transportation benefit district for the preservation and maintenance of the City's transportation infrastructure. 3.The necessary transportation improvement projects are identified in the City of Moses Lake's Comprehensive Transportation Program,Annual Preservation and Maintenance Program,or the City's Six-year Transportation Improvement Program. 4.The City Council adopted Ordinance No.2 on February 28,2017 which imposed a twenty dollar ($20) vehicle license fee on all qualified vehicles registered within the City and will begin collecting that in October 2017,but has identified a sales and usetax imposed in accordance with RCW 82.14.0455 as a more fair funding source. 5.RCW 36.73.040(3)(a)authorizes transportation benefit districts to impose a sales and use tax in accordance with RCW 82.14.0455(1)in an amount not exceeding two-tenths ofone percent (0.2%)for a period of ten (10)years upon afavorable vote of the qualified electors within the district for the purpose of financing certain transportation improvements. 6.If approved by the voters,the sales and use tax will be used for the purpose of acquiring,constructing, improving,providing and funding transportation improvements within the City of Moses Lake's Transportation Benefit District,a.k.a.the City ofMoses Lake city limits. 7.If approved by the voters,the sales and use tax will apply to persons who shop and thereby use streets and roadways in the City ofMoses Lake and not justto City/District residents. 8.If approved by the voters,revenues from the sales tax will be used entirely for transportation improvements in the City of Moses Lake Transportation Benefit District. 9.If thesalesandusetaxisapproved by the voters,thetwenty dollar ($20)vehicle license tabfeewill be rescinded. 10.The governing board of the Moses Lake Transportation Benefit District has considered this matter during a duly called public meeting of said District board,has given this matter careful review and consideration, and finds that good government and the best interested ofthe City ofMoses Lake will beserved by the passage of this resolution. NOW,THEREFORE,THE GOVERNING BOARD OF THE CITY OF MOSES LAKE TRANSPORTATION BENEFIT DISTRICT DOES RESOLVE AS FOLLOWS: RESOLUTION NO.3673 Page2 June 13,2017 Section 1.Purpose.The governing board of the Moses Lake Transportation Benefit District finds that it is in the best interests of the district to submit to the qualified voters of the district,at a future election to be determined,a proposition authorizing the City ofMoses LakeTransportation Benefit District to impose a sales and usetax of two-tenths ofone percent (0.2%)pursuantto RCW sections 36.73.050(3)(a),36.73.065(1)and 82.14.0455 for the purpose of raising revenue to acquire,invest in,construct,improve,provide,operate, preserve,maintain and/or fund transportation improvements in the district, and to imposesuch sales and use tax if approved by an affirmative vote of a majority of the district voters voting at the election. Section 2.Revenues.The revenues received from this portion of the sales and use tax shall only be expended on transportation projects approved by the Board of the District.The governing board of the Transportation Benefit District shall determine the application of moneys available for the Transportation Benefit Districtprojects so as to accomplish projects. Section 3. Material change policy.The governing board may alter,make substitutions to, and amend the projects as it determines inthe best interests ofthe Districtand in accordancewith the material change policy adopted by the board and the notice, hearing, and other procedures described in RCW Chapter 36.73, including and without limitation RCW 36.73.050(2)(b)as amended. Section 4.Considerations regarding transportation improvements.The governing board finds that the transportation improvementswhichwill reduce riskof transportation facility failureand improve safety,improve travel time,improve air quality,increase daily and peak-period trip capacity,improve modal connectivity, improve freight mobility, provide cost-effective investment,provide for optimal performance of the transportation system through time, and improve accessibility for, or other benefits to,persons with special transportation needs,are in the best interests of the City. Section 5. Ballot Measure.The Auditor of Grant County,as ex-officio supervisor of elections,is hereby requested to conduct an election in the City of Moses Lake Transportation Benefit District,in the manner provided by law, to be held on a November 7,2017,forthe purpose of submitting to the qualified electors of the Transportation Benefit District,a propositioninaccordancewith RCW29A.36.071 and insubstantially the following form: CITY OF MOSES LAKE TRANSPORTATION BENEFIT DISTRICT MOSES LAKE,WASHINGTON SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The City of Moses LakeTransportation Benefit DistrictBoard adopted Resolution No. 3 concerning a sales and use tax to fund transportation improvements.This proposition would authorize replacement of the Transportation Benefit DistrictBoard approved $20.00 vehicle license fee with the establishment of a sales and use tax oftwo-tenths of one percent (0.02) to be collected from alltaxable retail sales and uses within the district in accordance with RCW 82.14.0455 for a term of (10)years for the purpose of paying costs of transportation improvements identified inthe City's transportation programs. Shall this proposition be approved? •YES D NO Section 6.Authorization.The Clerk ofthe City of Moses Lake Transportation Benefit District is authorized and directed to present this resolution to the Auditor of Grant County,Washington in accordance with RCW 29A.04.321 and as provided by law. Section 7.Corrections.The Clerk of the City of Moses Lake Transportation Benefit District is authorized to make necessaryclerical correctionsto this resolution,including but not limitedto thecorrectionsofscrivener's and clerical errors,references,numbering,section and subsection number and any references thereto,and to make corrections and revisions consistentwith the requirements ofthe offices of the Grant County Auditor which do not change the substantive meaning of this resolution. RESOLUTION NO.3673 Page 3 June 13,2017 Section 8.Severability.If any section,sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutionalbya court of competent jurisdiction,such invalidity or unconstitutionality shall not affect the validity or constitutionality ofany other section,sentence,clause or phrase. Section 9.Effective Date.This resolution shall take effect and be infull force immediately upon passage by the Board. Adopted by theMoses Lake City Council and theTransportation Benefit District Board this 13th day of June, ATTEST:s~\Todd Voth, Mayor Robert Taylor,Finance Director