A RESOLUTION of the Board of the Regional Transit Authority for the Pierce, King and Snohomish Counties region calling an election to approve local taxes to implement a Ten-Year Regional Transit System Plan; describing the proposed high capacity transportation system improvements; setting forth the ballot title for said election; fixing the Authority's boundaries; and directing the Executive Director to deliver this Resolution to the election officials of the participating counties for such actions pursuant to RCW 81.104.140 and RCW 29.13.020 as may be necessary to conduct said election on November 5, 1996.

WHEREAS, the Regional Transit Authority for the Pierce, King and Snohomish Counties region (the "RTA") is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW; and

WHEREAS, state law provides that the RTA's mission is to plan, develop, operate and fund a regional high capacity transportation system, which is to be integrated and coordinated with other public transportation services; and

WHEREAS, by Resolution No. 37 adopted September 23, 1994, and by Resolution No. 53 adopted January 13, 1995, the Board of the Regional Transit Authority (the "Board") fixed the boundaries of the Authority to facilitate, among other things, future elections to authorize the imposition of taxes as required by RCW 81.112.030 and RCW 81.104.140; and

WHEREAS, by Resolution No. 40, adopted October 28, 1994, the Board adopted a Phase I System Plan for initial implementation and authorized necessary review steps, and by Resolution No. 53, adopted January 13, 1995, called for a special election to approve local taxes to implement said plan; and

WHEREAS, the election held on March 14, 1995, to fund a Phase I Regional Transit System plan did not pass; and

WHEREAS, after considering the results of the election and comments received in numerous community meetings, regional forums and public hearings, the Board determined that it was in the best interests of the citizens of the region to develop a new high capacity transportation plan for the RTA as well as a long range vision; and

WHEREAS, by Resolution No. 73, adopted May 31, 1996 the Board of the RTA adopted the Ten-Year Regional Transit System Plan, entitled "Sound Move", together with related Appendices, and a Regional Transit Long-Range Vision, after considering additional public input, and rescinded Resolution No. 40 having determined that such plan and long-range vision are in the best interests of the citizens of the Central Puget Sound region and are capable of providing the high capacity transportation system as contemplated by Chapters 81.104 and 81.112 RCW; and

WHEREAS, by Resolution No. 72, adopted May 31, 1996, and pursuant to RCW 81.112.040 and Section 7 of Resolution No. 1 adopted September 17, 1993, the Board adopted as a major decision certain financial policies to guide funding of high capacity transportation services and facilities in the Ten-Year Regional Transit System Plan and to achieve equity among the subareas in the RTA district; and

WHEREAS, the RTA has submitted the Ten-Year Regional Transit System Plan to an expert review panel for review pursuant to RCW 81.104.110; and

WHEREAS, the Puget Sound Regional Council (the "PSRC"), acting as the regional transportation planning organization under state law, has found the Ten-Year Regional Transit System Plan and the Regional Transit Long-Range Vision consistent with the region’s adopted transportation plan, the 1995 Metropolitan Transportation Plan (MTP); and

WHEREAS, pursuant to Chapters 81.104 and 81.112 RCW, the RTA is authorized to levy and collect certain voter-approved local option funding sources, including a special motor vehicle excise tax and a sales and use tax, to support implementation of the RTA's high capacity transportation system plan; and

WHEREAS, by Resolution No. 50 adopted December 16, 1994 (amending Resolution No. 41, adopted October 29, 1994), the Board recommended to the Pierce County Auditor, the King County Manager of Records and Elections, and the Snohomish County Auditor that the initial election on the RTA proposition be conducted using regular polling place balloting procedures, and the Board continues to support the use of such procedures; and

WHEREAS, the funding and implementation of the Ten-Year Regional Transit System Plan, including improved bus and new rail lines, will provide high capacity transportation services necessary for the continued mobility of our citizens and for the maintenance of both our environment and economy;

NOW THEREFORE BE IT RESOLVED by the Board of the 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 the RTA to implement the Ten-Year Regional Transit System Plan, as described in the document entitled "Sound Move," adopted May 31, 1996 by Resolution No. 73, which includes the following types of capital and service improvements to develop high capacity transportation corridors and gateways to the region through community connections:

The cost of all necessary property acquisition, relocation, equipment; construction, architectural, design, engineering, permitting, legal, planning, and other 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 Ten-Year Regional Transit System Plan improvements shall be deemed a part of the costs of such improvements. The RTA shall determine the exact extent, specifications and procurement methods for all improvements.

The Board shall determine the application of available moneys as between the various projects set forth above, consistent with the provisions of Resolution No. 72, so as to accomplish, as nearly as may be, all improvements described or provided for in this section.

In accordance with the Ten-Year Regional Transit System 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 system plan implementation during the ten-year period and all costs incidental thereto, is, as near as may be estimated, the sum of $3,914,000,000 (in 1995 dollars).

Section 2. In the event that the RTA receives greater amounts of federal and/or other contributions than anticipated, the RTA will use such funds as may be in the best interests of the RTA and as determined by the Board, including application to existing or new fund accounts, offsetting the cost of the Ten-Year Regional Transit System Plan improvements and applying the savings to reduce debt service costs or the total level of bonded indebtedness, reducing tax levies, and/or authorizing new improvements consistent with Resolution 73. If available funds are sufficient from the proceeds of local taxes and/or bonds authorized for the above purposes, the RTA shall acquire, construct, equip, and make such improvements to the facilities of the RTA, all as the Board finds necessary.

In the event that the proceeds of federal contributions, plus any other moneys of the RTA legally available, are insufficient to accomplish all of the capital improvements provided by this Resolution, the RTA shall use the available funds for paying the cost of those improvements that are contained in the Ten-Year Regional Transit System Plan and are deemed by the Board to be most necessary and in the best interests of the RTA after consideration of the financial policies approved by Resolution No. 72. In the event that the Ten-Year Regional Transit System Plan improvements, or some portion thereof, are impractical to accomplish due to changed conditions or force majeure events, the RTA may use the available funds to pay principal of or interest on bonds, to reduce tax levies, or to pay for other capital and/or service improvements that achieve the stated goals of said plan, as the Board in its discretion shall determine as appropriate or necessary in accordance with law and Board policy.

Section 3. For the sole purpose of providing funds for the planning, development, operation, and maintenance of a high capacity transportation system as provided in Chapters 81.104 and 81.112 RCW and in Resolution No. 73, adopted May 31, 1996 and incorporated herein by reference, the RTA shall levy and collect a sales and use tax not to exceed four-tenths of one percent and levy and collect a motor vehicle excise tax of three-tenths of one percent as provided in RCW 81.104.160 and RCW 81.104.170 if such local option taxes are approved by the voters within the RTA boundaries pursuant to RCW 81.112.030.

Section 4. The local option taxes approved by the voters shall be levied 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 and collection of the motor vehicle excise tax and the sales and use tax to begin on January 1, 1997.

Section 5. To ensure that the ten-year development and implementation program occurs within the framework and intent of the financial policies approved by Resolution 72, the RTA will conduct an annual comprehensive performance audit through independent audit services and appoint and maintain a citizens' oversight committee for the ten-year construction period. The oversight committee is charged with an annual review of the RTA's performance audit and financial plan and for reporting and recommendations to the Board.

Section 6. The Board finds and declares that the proposition hereinafter set forth be submitted to the voters at the general election to be held within the RTA district on November 5, 1996. 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, to submit to the voters the proposition set forth in Section 7 of this Resolution, and to use regular polling place ballot procedures.

RCW 81.104.140(9) requires that a local voter's pamphlet be produced as provided in Chapter 29.81A RCW. Accordingly, the Board directs the Executive Director to request the county elections officials to coordinate on production and distribution of the local voter's pamphlet, pursuant to such arrangements as the county elections officials deem appropriate and necessary.

Section 7. The Executive Director is authorized and directed to certify to the Pierce County Auditor, the King County Manager of Records and Elections and the Snohomish County Auditor, at least 45 days prior to November 5, 1996, a copy of this Resolution and the proposition to be submitted at said election in the following form:

REGIONAL TRANSIT AUTHORITY (RTA)

PROPOSITION #1

REGIONAL TRANSIT SYSTEM

For implementing a regional rail and express bus system to respond to traffic congestion growth and linking Tacoma, Seattle, Bellevue, Everett, other cities, Sea-Tac airport, and major education, employment and retail centers, as described in "Sound Move, the Ten-Year Regional Transit System Plan", shall the RTA impose a sales and use tax up to four-tenths of one percent and a motor vehicle excise tax of three-tenths of one percent, as provided in Resolution No. 75?

YES

NO

Section 8. Exhibit A-1 of Resolution No. 53 fixing the election boundaries of the Authority is hereby amended as provided in Exhibit A attached hereto. The Board declares that the boundaries provided in Exhibit A to this Resolution are hereby fixed as the final election boundaries for RTA election to be held on November 5, 1996. The Board directs and authorizes the Executive Director 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 9. The Board further authorizes the Executive Director to take any actions necessary to implement the policies and determinations of the Board pursuant to this Resolution.

ADOPTED by the Board of the Regional Transit Authority for the Pierce, King and Snohomish Counties region at its meeting held on August 23, 1996.

                                                
Paul Miller
Vice Chair of the Board

ATTEST:

                                                 
Marcia Walker
Board Administrator