Chapter 2.19
SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT

Sections:

2.19.010    Creation and purpose.

2.19.020    Board of directors.

2.19.030    Organizational meeting.

2.19.040    Loan of working capital.

2.19.050    Powers, duties and limitations.

2.19.060    Approval of Charter and Bylaws.

2.19.070    Applicability of public laws.

2.19.080    Dissolution.

2.19.010 Creation and purpose.

Pursuant to Chapter 36.100 RCW (the "County PFD Act"), there is hereby created a public facilities district, which shall be called the Snohomish County Public Facilities District (the "District"), coextensive with the boundaries of the County, with only the powers and authority set forth in the County PFD Act as last amended by Chapter 363 Laws of Washington 2002. The District is established for the sole purpose of pursuing joint ownership, financing, or operational relationships with any other public agency within the County for the development of Regional Center projects and/or with a nonprofit entity for the development of a Regional Center project at Paine Field.

For the purpose of this section, the term "public agency" shall have the meaning set forth in RCW 39.34.020. The term "nonprofit entity" shall include any entity formed under Chapter 24.02 RCW or 24.06 RCW.

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.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.020 Board of directors.

The members of the board of directors of the District (the "Board") shall be recommended by the Executive consistent with the procedures and criteria set forth in chapter 2.03 Snohomish County Code, and appointed by the Council, as required by the County PFD Act. The Board shall consist of five members. The members of the Board shall be selected and appointed by the Council to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county. The members shall serve four-year terms. Of the initial members, two shall be appointed for two-year terms, and the remainder shall be appointed for four-year terms.

If it is determined by the Council for any reason that any or all of the Board members should be removed from office, the Council may by motion approved by two-thirds of the Council remove that Board member(s) from office. The term of any Board member removed pursuant to this section shall expire when the removal motion takes effect. Vacancies shall be filled by appointment by the Council, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed.

All corporate powers of the District shall be exercised by or under the authority of 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.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.030 Organizational meeting.

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.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.040 Loan of working capital.

In order to provide the District with initial working capital for legal and formation expenses, the County may loan the District up to $25,000 from the General Fund. Any such loan shall be made pursuant to an interlocal agreement negotiated between the District and the County, shall require Council approval prior to expenditure, and shall be repaid with interest within twelve calendar months.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.050 Powers, duties and limitations.

The District shall have the following powers and duties, subject to the following limitations:

(1) The District shall have the powers set forth in its Charter as approved by Ordinance No. 01-041 or as amended with Council approval by ordinance.

(2) 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.

(3) In the event that the District determines by August 1, 2001, that one or more joint Regional Center project(s) (as defined in the County PFD Act) located within the County is a viable project that is likely to begin construction before January 1, 2003, 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 Regional Center(s). Such tax proceeds shall be apportioned between such Regional Centers (taking into account adequate reserves to be maintained by the District) in an equitable manner that supports construction and operation of any viable joint Regional Center project or projects located in Snohomish County. In order to apportion the tax proceeds in an equitable manner, the District shall, at a minimum, make the following distributions: first, the District shall negotiate an interlocal agreement to guarantee to a viable Regional Center developed by the City of Everett and the Everett Public Facilities District an amount equal to $7,000,000 (present value); second, of the remaining tax proceeds, the District shall apply up to 10% to pay for parking to be provided to one or more Regional Centers by the County; and, third, the District shall apply the remaining 90% of tax proceeds equitably among viable Regional Centers (in all cases, taking into account adequate reserves to be maintained by the District).

(4) No later than December 31, 2002, the District shall provide a written report to the Council detailing its project list, and the percentage of anticipated tax proceeds flowing to each project.

(5) In consideration of the County’s loan of working capital to the District and to ensure that joint Regional Centers 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 an interlocal agreement to expend revenues in excess of $50,000 on such a joint Regional Center unless the County is party to the interlocal agreement.

(6) The District shall prepare, maintain and provide to the Council a financial and activities report not less than quarterly, and otherwise as directed by the Council.

(7) In consideration for the County’s loan of working capital, the District shall not impose any tax authorized under the County PFD Act, other than sales taxes imposed pursuant to RCW 82.14.390, without prior approval of the Council.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001; Amended Ord. 02-005, March 13, 2002, Eff date April 5, 2002, Ord. 02-066, November 4, 2002, Eff date November 15, 2002).

2.19.060 Approval of Charter and Bylaws.

The council approved the initial Charter and Bylaws of the District by Ordinance No. 01-041. The Charter shall be issued in duplicate originals, each bearing the County seal attested by the Clerk of the Council. One original shall be filed with the County; a duplicate original shall be provided to the District. The Charter shall be amended only with council approval by ordinance.

The Board shall maintain rules of procedure and governance of its activities through its bylaws. The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the Board, except as follows. The bylaws shall be consistent with this ordinance and the Charter. As necessary and appropriate in the discretion of the Council, the Council may amend the bylaws by ordinance adopted at a public meeting held with notice to the District. Amendments to the bylaws approved by the Council may not be further amended by the District for one year except with Council approval.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001; Amended Ord. 02-005, March 13, 2002, Eff date April 5, 2002, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

*Code Reviser Note: Copies of Appendix A and Appendix B available upon request at the office of the Clerk of Snohomish County Council.

2.19.070 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.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.080 Dissolution.

The District shall dissolve on December 31, 2001 in the event that the District determines that there are no viable Regional Center projects located within the County. After such time, if the Council finds, following a public hearing or hearings, that the continued existence of the District would no longer serve the purposes of this Ordinance, it may by ordinance and in such manner as may be required by State law order that the District be dissolved. If the District has outstanding obligations at the time of such dissolution, the ordinance dissolving the District shall be subject to the payment in full of the outstanding obligations. Upon dissolution of the District and the winding up of its affairs, title to all remaining property and assets of the District shall vest in the County to be used for public purposes.

Upon satisfactory completion of dissolution proceedings, the Clerk of the Council shall indicate such dissolution by inscription of "Charter cancelled" on the Charter of the District on file with the County and, when available, on the duplicate original of the District, and the existence of the District shall cease. The Clerk of the Council shall give notice thereof pursuant to State law and to other persons requested by the District in its dissolution statement.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)