Chapter 2.31
PUBLIC FACILITIES DISTRICT

Sections:

2.31.010    Formation of public facilities district.

2.31.090    Severability.

2.31.010 Formation of public facilities district.

A. Pursuant to Chapter 165, Laws of 1999, there is hereby created a public facilities district, to be known as the Lynnwood public facilities district, co-extensive with the boundaries of the city of Lynnwood, with all the powers and authority set forth in the provisions of Chapter 165, Laws of 1999, including any amendments thereto, including to acquire, construct, own, finance, and operate a regional center.

B. The public facilities district shall be governed by a board of directors consisting of five members as follows:

1. Two members appointed by the legislative authority of the city to serve for four-year staggered terms, which members shall not be members of the legislative authority.

2. Three members appointed by the legislative authority of the city, based on recommendations from local organizations, to serve for four-year staggered terms.

Members of the board of directors need not be residents of the city of Lynnwood. Members shall not include any member of the Lynnwood city council. Members should include persons with experience in the convention, hospitality, and tourism industries.

C. The council declares the following principles shall apply to the Lynnwood public facilities district and its board:

1. Pursuant to state law, the Lynnwood public facilities district is authorized to acquire, build, own, and operate a “regional center.” “Regional center” means a convention, conference or special events center, or combination, and related parking facilities, serving a regional population, constructed at a cost of at least $10,000,000, including debt service.

2. Every effort shall be made to ensure that a regional center is a first class facility that provides benefit to the citizens of the city of Lynnwood.

3. While new taxes are authorized by the state legislation allowing the Lynnwood public facilities district to be formed, the council declares that new taxes shall not be utilized by the district in connection with a regional facility without prior consultation and approval of the Lynnwood city council. Unless otherwise approved by the city council, the Lynnwood public facilities district funding source from taxes it may impose shall be limited to imposing a 0.0333 percent sales and use tax that is deducted from the state sales tax (which is not an additional tax, but a deduction from an existing tax that would otherwise be paid to the state).

4. The city council declares its intention, consistent with and subject to its determination of the public interest, to cooperate with the Lynnwood public facilities district in the development and operation of a regional facility. Cooperation may take the form of providing monetary and in-kind contribution to the Lynnwood public facilities district, and entering into interlocal agreements providing for capital and/or operating funding. Initially, the council declares that the city should make available on a part-time basis (approximately 50 percent) and the Lynnwood public facilities district should use the services of the city’s economic development manager for necessary assistance; that the city should make available and the Lynnwood public facilities district should use the services of the city’s finance director as a treasurer, and that the finance director should be an ex officio member of the board of the Lynnwood public facilities district; that the city should provide incidental assistance to the Lynnwood public facilities district in the form of routine legal services (for organization and routine matters for the first year) and meeting room space; and that the council commits to providing up to $25,000 in money, subject to approval of a specific board request for monies. In addition, the council recognizes that in order for the district to collect monies from the 0.0333 percent sales and use tax reapportionment the district must collect monies from other public or private sources to 33 percent of the sales and use tax amount collected, and that the council agrees, consistent with and subject to its determination of the public interest, to provide matching monies and/or other qualifying contributions. The council declares that any city monies contributed to the district shall be:

a. Subject to the terms of a council-approved interlocal or other agreement with the district; and

b. Limited to hotel-motel tax receipts, unless otherwise approved by the council.

5. In connection with the development and operation of a regional facility, every effort shall be made to obtain private funds and to partner, consistent with and subject to the public interest, private developer(s), if this achieves public goals and maximizes public benefit.

6. Public facilities district activity shall be done in an open, accountable, public manner consistent with the public interest. The board shall comply with the Open Public Meetings Act. All meetings of the board shall be open to the public, except when executive sessions are necessary.

7. The public facilities district shall report not less than quarterly, and otherwise as directed, to the council on the district’s activities. The report shall include a report on all financial matters, and other items as may be requested by the council. (Ord. 2454 § 1, 2003; Ord. 2452 § 1, 2003; Ord. 2266 § 1, 1999)

2.31.090 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2266 § 2, 1999)