HomeMy WebLinkAboutord2002-041WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2002 -249
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Originator:
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Dale
Dale Receivedin Council Office
Agenda Date
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Assi nedm:
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Committee of the Whole
Dpc Head:
Prosecutor
:Iy;
7 c.
PurchasingBudgeh
EeecuMe:
SUBJECT: Creating a Joint Public Facilities District (Bellingham and Whatcom County)
ATTACHMENTS :Ordinance
SEPA review required? ( )Yes ( x ) NO
SEPA review completed? ( )Yes ( ) NO
Shouid Clerk schedule a hearing ? ( ) Yes ( x )
NO
Re nested Dute:
SUMMARYSTATEMENT:
Amending Chapter 1.17 of the Whatcom County Code and Creating
a Joint Public Facilities District Pursuant to RCW 36.100, to be
known as Bellingham- Whatcom Public Facilities District, to
undertake the design, construction, operation, promotion and
financing of a regional center and/or related parking or other
related facilities..
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COUNCIL ACTION TAKEN:
2002 -249 7/16/2002: Amended and adopted 6 -0, Fleetwood absent,
Ord #2002-041
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Ordinance or Resol i n Num er
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SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 07/02/02
ORDINANCE NO. 2002 -041
AMENDING CHAPTER 1.17 OF THE WHATCOM COUNTY CODE AND CREATING A
JOINT PUBLIC FACILITIES DISTRICT PURSUANT TO RCW 35.57, TO BE KNOWN AS
BELLINGHAM - WHATCOM PUBLIC FACILITIES DISTRICT, TO UNDERTAKE THE
DESIGN, CONSTRUCTION, OPERATION, PROMOTION AND FINANCING OF A
REGIONAL CENTER AND /OR RELATED PARKING OR OTHER RELATED
FACILITIES.
WHEREAS, Whatcom County is a municipal corporation, organized under the laws of the
State of Washington; and
WHEREAS, the City of Bellingham is a municipal corporation operated as a charter city,
organized and existing under and by virtue thereof and the laws of the State of Washington; and
WHEREAS, the Bellingham City Council and the Whatcom County Council have
determined that it is in the best interests of the City and County and its citizens to take advantage
of recent amendments to the provisions of RCW 35.57 and to thereby create ajoint public facilities
district; and
WHEREAS, pursuant to RCW 35.57, cities and counties are authorized to enter into an
agreement under RCW 39.34 for the creation and joint operation of a public facilities district; and
WHEREAS, a regional center would promote economic development, provide needed public
facilities to serve local and regional business, community, family entertainment, youth recreation,
and athletic organizations; and
WHEREAS, the City and County desire to set forth certain principles relating to the
Bellingham- Whatcom Public Facilities District and its Board;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES HEREBY
ORDAIN:
Chapter 1.17 of the Whatcom County Code is amended as follows:
1.17.010 Creation and Purpose.
Pursuant to Chapter 35.57 RCW, there is hereby created a public facilities district, which
0-2m
shall be called the Bellingham - Whatcom County Public Facilities District (the "District'),
coextensive with the boundaries of the City of Bellingham and of the County, as now established or
as may hereafter be reconfigared, with the powers and authority set forth in the County PFD Act as
last amended by the Laws of Washington. The District is established for the purpose of pursuing
ownership, financing, and operational requirements of Public Facilities Projects within the County.
The Executive and other appropriate officers of the County are authorized and directed to
take any and all such additional actions as may be necessary or desirable to accomplish the creation
of the District.
1.17.015 Corporate Powers.
The District shall be considered a municipal corporation, and an independent taxing authority
within the meaning of the PFD Act. As such, it shall possess all the usual powers of a corporation
for public purposes as well as all other powers that may now or hereafter be specifically conferred
by statute.
1.17.020 Board of Directors.
All corporate powers of the District shall be exercised by or under the authority of the board
of directors of the District (the `Board "); and the business, property and affairs of the District shall
be managed under the direction of the Board, except as may be otherwise provided for by law, herein
or in the Charter.
A. The Board of Directors of the Bellingham- Whatcom Public Facilities District shall consist
of seven (7) members, selected as follows:
(1) Three (3) members jointly nominated by the Mayor and County Executive and
approved by a majority vote of the City and County Councils; and
(2) Four (4) members nominated jointly by the Mayor and County Executive, and
approved by a majority vote of the City and County Councils, based upon recommendations
from local organizations that may include, but we not limited to, the Chamber of Commerce,
local economic development council, and local labor council.
B. Board members shall serve four -year terms. Of the initial members, one must be appointed
for a one -year tens, one must be appointed for a two -year term, and one must be appointed for a
three -year term, and the remainder most be appointed for four -year terms. At the end of each term,
and in the event of a vacancy on the Board, the nominations and approval of successor members of
the Board shall be as provided in this section.
1.17.030 Oreanizational Meetine,
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The District shall be established as of the date of the appointment of the initial members of
its Board. Upon such date, the Executive or designee shall call an organizational meeting of the
initial Board within 10 days, giving at least three days' advance written notice to each Board
Member, unless waived in writing. At such meeting, the Board shall organize itself, may appoint
officers, and shall select the District's place of business.
1.17.040 Loan of Workine Capital.
In order to provide the District with initial working capital for legal and formation expenses,
the County may loan the District such sums as necessary from the General Fund. Any such loan
shall be made pursuant to an interlocal agreement negotiated between the District and the County,
and shall be repaid with interest within twelve (12) calendar months.
1.17.050 Powers, Duties and Limitations.
The Bellingham - Whatcom Public Facilities District shall have all the powers and authority
set forth in RCW 35.57, including any amendments thereto, and including authority to acquire,
design, construct, own, finance, and operate and maintain a regional center.
The District shall exercise those powers and duties, subject to the following limitations and
directives:
(1) Except as specifically provided in an interlocal agreement between the District and the
County, the District shall take no action that might impose liability upon the County. All
liabilities incurred by the District shall be satisfied exclusively from the assets, credit,
and properties of the District, and no creditor or other person shall have any right of
action against or recourse to the County, its assets, credit, or services, on account of any
debts, obligations, liabilities, or acts or omissions of the District.
(2) In the event that the District determines that one or more Public Facilities Project(s) (as
defined in the County PFD Act) located within the County is a viable project that is
likely to begin construction within the time limits imposed by state law, the District shall
impose all or a portion of the sales tax authorized under RCW 82.14.390(1) in support
of pursuing joint ownership, financing, or operational relationships with such Public
Facilities Project(s). Such tax proceeds shall be apportioned between such Public
Facilities Project(s) (taking into account adequate reserves to be maintained by the
District) in an equitable manner that supports construction and operation of any viable
Public Facilities Project(s) located in Whatcom County.
(3) The District shall provide at least annually a written report to the Council detailing its
final project list, and the percentage of anticipated tax proceeds flowing to each project.
(4) In consideration of the County's loan of working capital to the District and to ensure that
the Public Facilities Projects are developed in a manner that is consistent with the
County's regional planning objectives, intergovernmental relations with its incorporated
cities, and available and planned infrastructure, the District shall not enter into any
project in excess of $50,000 unless the County is party to the interlocal agreement.
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(5) In consideration for the County's loan of working capital, the District shall not seek to
impose any tax authorized under the County PFD Act, other than sales taxes imposed
pursuant to RC W 82.14.390, without prior approval of the Council.
1.17.060 Approval of Charter and Bylaws.
The Charter of the District will be reviewed and approved by the County Council.
The Board shall maintain rules of procedure and governance of its activities through its
Bylaws. The initial Bylaws of the District shall be approved by the County Council. The power to
alter, amend, or repeal the Bylaws or adopt new Bylaws shall be vested in the Board. The Bylaws
shall be consistent with the County PFD Act, this county ordinance, and the Charter of the District.
1.17.065 Goveming Principles — Interlocal Agreement
The Executive is authorized to negotiate and recommend to the County Council an interlocal
agreement between the City of Bellingham, the County and the Public Facilities District. The terms
of the interlocal agreement shall be consistent with the following principles:
A. The District is authorized to acquire, design, construct, operate, promote, and finance a
regional center or rehabilitate and improve such facilities, pursuant to RCW 35.57.020.
B. Every effort shall be made to insure that a regional center is a first class facility that provides
benefit to all citizens of Bellingham and Whatcom County.
C. The City of Bellingham and Whatcom County declare their intention, consistent with and
subject to the determination of public interest, to assist the District in the development of a regional
center.
D. The interlocal agreement may provide for capital and/or operating funding for the District,
and provisions for acquisition, financing, design, construction, operation of the regional center, and
such other matters as appropriate.
E. Subject to reimbursement, the City and County may provide other interim financing, and
interim necessary and reasonable support services to the District, including, but not limited to legal,
accounting, and other staff services.
F. District activity shall comply with the Open Public Meetings Act and other provisions of state
law applicable to municipal corporations.
G. The District shall report not less than quarterly to the Councils on the District's activities.
The report shall include a report on all financial matters, and other items as may be requested by
Councils.
EM
1.17.070 Applicability of Public Laws.
District activity shall, as required by law, comply with the Open Public Meetings Act and
other provisions of state law applicable to municipal corporations.
1.17.080 Dissolution.
At such time as it is determined that the District's long term indebtedness has been paid or
defeased and the District has availed itself of the full sales tax rebate at the maximum allowable rate
under RC W 82.14.390, the City and County Councils may by ordinance dissolve the District. Upon
dissolution of the District the assets and liabilities of the District may, at the city's option, become
the assets and liabilities of the City of Bellingham.
1.17.090 Severability.
If any section, sentence, clause, or phrase (i.e., provision) of this ordinance or its application
to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
provision and the remainder of this ordinance, or the application of such provisions to other persons
or circumstances, shall not be affected.
ADOPTED this 16 day of July, 2002.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Clerk of the Council L. Ward Ncls"OkTouncu Chair _-
APPROVED AS TO FORM:
Civil Deputy Prosecutor
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( pproved ( ) Denied
Pete Kremen, County Executive