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Untitled (14) Page 1 of 1 y Shelly Badger From: Gail Rivas[Gailr@prairiepark.com] Sent: Thursday, June 05, 2.008 6:53 AM To: Shelly Badger Subject: FW: Roy to Yelm Line Hey Shelly, Joe asked me to forward this info, to you. Hope you are have a great week! Thanks Gail From: willgrpjsw@aol.com [mailto:willgrpjsw@aol.com] Sent: Wednesday, June 04, 2008 7:27 PM To: Gail Rivas Subject: Fwd: Roy to Yelm Line Gail, Can you forward this to Shelly Badger please? Thanks Joe -----Original Message----- From: Thompson, Patrick M <Patrick.Thompson@bnsf.com> To: willgrpjsw@aol.com Sent: Wed, 4 Jun 2008 1:07 pm Subject: Roy to Yelm Line Joel, I got your name and number from Rich Stroot in our shortline group. I wanted to talk to you about possible storage of intermodal cars on the Roy to Yelm line. Would you be the right person to talk to? Can you give me a call when you get a chance-contact info below. Thanks. Patrick Thompson Director Intermodal Equipment- BNSF Railway 2650 Lou Menk Drive, Ft Worth TX 76161 817-867-6191 (office) 817-307-1440 (cell) CONFIDENTIAL NOTICE: This Message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged„confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this message in error,please delete this message from all computers and notify us immediately by return email,phone (817-867-6598)or fax(817-352-7152). Thank you. Stay informed, get connected and more with AOL on your phone. 6/5/2008 Shelly Badger From: Stroot, Richard E[Richard.Stroot@bnsf.com] Sent: Friday, June 20, 2008 3:45 PM To: Shelly Badger Subject: RE: Car storage Shelly, Have you ever had an official estimate for the connection at Roy and have you ever gotten,any portion of the funding allocated? Richard E Stroot BNSF Shortline Development 2500 Lou Menk Drive Fort Worth, TX 76131 0: 817-352-4440 M: 817-832-6779 CONFIDENTIAL NOTICE: "This message may be confidential and should be read or retained only be the intended recipient. If you have received this transmission in error, please immediately notify the sender by replying to this message and then delete it from your system. Thank you." -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Friday, June 20, 2008 2:20 PM To: Stroot, Richard E Subject: RE: Car storage Richard, I received your voice message and e-mail. I am out of the office this afternoon, so will try to give you a call early next week. Yes, the City is interested in leasing track for BNSF car storage, but I need to understand the details more to determine next steps. Thank you, I am in meetings all day Monday, but will try to call you on Tuesday. Have a nice weekend and a safe trip back. Shelly Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 360-458-4348 fax shellyb@ci.yelm.wa.us -----Original Message----- From: Stroot, Richard E [mailto:Richard.Stroot@bnsf.com] i � --.�. `; �� mss- ��\ �� \ � , Sent: Thursday, June 19, 2008 6:44 PM To Shelly Badger Subject: Car storage Shelly, Is the city interested in leasing track for long term rail car storage? Richard E Stroot On Blackberry BNSF Shortline Development C 817-832-6779 2 Message Page lofl Shelly Badger ``~`—.``````.`^--```,`^---`` - `—`—``````—...`.``.^`````.```,~^`````~``-``...`^``-`—~`°,—``````^```^```,.``.`—```...................................... `~_```````````````. From: Jai|ynBrown [bnown]@tqpn.nr0] Sent: Friday, January 2Q. 2OU51O:O4AK4 To: Shelly Badger Subject: RE: BN8Fcontact Shelly— DanBums attended the rail meeting inDecember. |think he's BNGF'sTacoma Terminal Master. In January, at the Ft. Lewis meeting,were Pati Otley(BNSF Seattle) and [Bertrand] John Pinard (BNGFFt. Worth). Someone else was also in from Ft. Worth for the tour with LTC Schneider, but had left before attending the meeting. Ron Jackson iointhe BN8FSeattle office. |think he's tracking the issue but hasn't attended any ofour meetings. My best guess at this point on the track maintenance is to start with Dan Burns,then try Pati Otley. | don't know if either is the correct person, but hopefully they'll point you in the right direction. Contact information: Dan Bums (253)591-2557 Pati Ot|ey (200)025'0111 |fthese don't get you anywhere, let mmknow. VVehave efew other BN8Fnames totry. —Jai|yn -----Original Message--- Frmmm: Shelly Badger [mai|to:sheUyb@U.ym|m.wa.us] Sent: Thursday, ]anuary27, 2O0S4:4SPM To: ]ai|ynBrown Subject: BNSF contact Jailyn, I need to contact one of the BNSF reps that attended our meeting in December about a rail mtce issue between our 3tracks. | oee2names listed onthe e-mail group list, Dan Burns and Ronald Jackson. Which one attended our December meeting and then again the meeting in January that I missed. |want toconnect with one that iofamiliar with the recent discussions. Thanks, Shelly Shelly Badger Ye|m City Administrator P.O. Box 47B Ye|m. VVA 98597 380'458'8405 l/3-]/2005 BNSF PLNG ISS EAP 9 817 333 2130 08/30/00 13:44 [51 :01/02 N0:079 FAX MESSAGE BURLINGTON NORTHERN SANTA FE FROM RICH KATIE, SHORTLINE DEV 2600 LOU MENK DRIVE, 2N° FLOOR FORT WORTH, TEXAS 76131 PHONE 8174524432 FAX 817-352-7938 1�1. .� �©.• s4aftwa- DATE: z7- LOCATION: (4)L Imm PHONE: '3(PO m 456m3m" FAX: 9(oo wo 496% 4S416 SUBJECT:: " YL�.H.o LZ 4 h�.��►�. PAGE 1 OF PAGES Page 1 of 1 From: Ken Garmann <garmann@yelmtel.com> To: Shelly Badger <shelly@yelmtel.com> ®ate: Friday., March 17, 2000 1:36 PM Subject: Phone # Shelly, Here's a couple of phone #s: %�� Rich Batie BNSF 817-352-6432 5;Vq�)W Steve Day esq. 206-292-9988 "over & out" b f)AU- - Kenny g. S� rn (Ctw Com J J D�nvis, A3 �t V P, �-�--26vf��)4 03/20/2000 LAKEVIEW YELM/ROY TO LAKEVIEW "A PUBLIC UTILITY" PROPORTIONATELY OWNED BY THE CITIES OF YELM AND ROY TO PROMOTE BUSINESS DEVELOMENT, ECONOMIC GROWTH, TO IMPROVE THE ENVIRONMENT AND ENCOURAGE A QUALITY OF LIFE ALONG THE RAIL CORRIDOR ROY y � YELM O � O � r � H x Prea Chamber of C'o� l RO Box 444 Yelm, Washington 98597 (360) 458-6608 AGNENDA Organizational Meeting Yelm to Lakewood Short line 6 October, 1998 );06 Welcome, Introductions,' Chairpersons Orientation Joe Williams -: City of Yelm, Project perspective Ken Garman4 -J�.Pr City of Roy, Project Perspective Mayor, Joel Derefield - Miles Sand & Gravel, Project Perspective Lisa Kittilsby Brad Barton ,V:& Wilcox Farms, Project Perspective Barrie Wilcox 1:50 BREAK ALL 2:00 Discussion, Listing of Common Ground ALL 2:30 Discussion, Restatement of Consensus ALL List of Differences & Concerns 2:55 Information Gathering; Assignments ALL 3:15 Schedule Next Meeting? ALL 3:20 ADJOURN r # UrFlil�l r I arad*�vcr �� Raven,"00 Palm Auburn V Black E�tcta�lona Soy 5t�ar•e �� to TACOMA � lite Pler1noar laa, er to Sumner vel _ntcr iYcstpn Hill sdal lacoomTacoma PUytlru •f ae er C tro LAKEVIEW;. Nldi�ld �aidorton T[Ilicu Alitycr AlaAitlCn .•ems �s cL and U'ani 1�zFanoway Frodrickton OLYMPIA 1,'411 hu rs I 411hursI ;rA 1I,z3°* F.1Pgxialy� °`:F , far Gra Traft GY�rn Turnwater At S-,.^lalr r ^© @oi-nora G Ito J' fro E.Olylrpla KQDowsln Plum ` YELM. `` FJ°Kcnna Clayti i y Moytown 7' W-sstsrn J& Littlsrock� ~"Q egn1A U. U {gym � ftointar �n Cate °° c�' ��' 4" _l, '?p lenino a Yate yq D C 4. 'J-7F Rin flcoal Wubusli 82atetl - C€antrcltq. Mineral F. CHEHAL.IS 1� Divlde G Nal=avino Ctstls Aar ton Wlnlock City of Yelm Branch line alar YELM R+A IIID. �-1-- Or,40 Rall.LMS Ole qua v D 6 id t.9tM 0 B 10 15 IU MEMS r-usilo Ruck DAVID EVANS AND ASSOCIATES, Fines �taxes, 81.108.100Low-Level Radioactive Waste Sites perator's rates considering changes in waste (4) Competitive low-level radioactive waste disposal and fees. A monopoly situation does not companies shall be exempt from commission regulation and it if either of the following facilities operates or is fees during the time they are so classified. [1991 c 272 § ejected to operate after December 31, 1992: 12•1 ` LI(1)Any existing low-level radioactive waste disposal site gfacilities t Pe 81.108.900 .Construction. Nothingin this chapter affiliates(side the state of a site Washington,operator, provided that such site shall be construed to affect the jurisdiction of another state �ytaf a saes do not charge disposal rtes that discriminate against agency. [1991 c 272.§ 13.1 orthwest compact generators, except to the extent, through f peeember 31, 1994, such discrimination.is authorized by 81.108.901 Effective dates-1991 c 272. (1) Sections amendment of current federal law. 1 through 15 and 22 of this act are necessary for the t" (") immediate preservation of the public peace, health, or safety, 11 An existing facility within the Northwest compact qbt receiving low-level radioactive waste offers to receive or support of the state government and its existing public III such waste.under substantially similar terms and conditions. institutions. Sections 1 through 14 and 22 of this act shall fuf,(2)The exemption shall be in effect until such time as take effect July 1, 1991, and section 15 of this act shall take 1, dib commission finds, after notice and hearing, upon motion effect immediately [May 20, 19911. a the commission or upon petition by any interested party, (2)Sections 16 through 21 and 23 of this act shall take that a monopoly situation exists or will exist as of January effect January 1, 1993. [1991 c 272 § 24.1 1; 993. The finding shall be based upon application of the F iteria set forth in this section. The commission may assess a.site operator for all of the commissions costs of supervi- Chapter 81.112 `lion"and regulation prior to and relative to determining REGIONAL TRANSPORTATION AUTHORITIES whether the exemption applies to the site operator. If the commission determines that a site operator is not subject to sections the exemption, it shall collect its costs of supervision and 81.112.010 Findings—intent. 'regulation under RCW 81.108.090. 81.112.020 Definitions. ig,i: (3)When an exemption is in effect, any increase in the 81.112.030 Regional transit authority. 81.112.040 Board appointments—Voting—Expenses. fates charged by the operator effective January 1, 1993, for 81.112.050 Area included—Elections—Expiration of subsection. R services other than the base rate for disposal of solid 81.112.060 Powers. material in packages of twelve cubic feet or less shall be no 81.112.070 General powers. 'more than the percentage increase in the base rate in effect 81.112.080 Additional powers—Acquisition of facilities—Disposal of property—Rates,tolls,fares,charges. ,,on January 1, 1993. [1991 c 272 § 11.] 81.112.090 Agreements with operators of high capacity transportation s' i services. I` 1t✓ 81.108.110 Competitive companies—Exemptions. 81.112.100 Transfer of Iotal government powers to authority. li :1)At any time after this chapter has been implemented with 81.112.110 Acquisition of existing system—Components. y petition'tespect to a site operator, such site operator the 81.112.120 Treasurer—Funds—Auditor—Bond. . P 81.112.130 General obligation bonds. tcommission to be classified as competitive. The commission 81.112.140 Revenue bonds. fiiay,initiate classification proceedings on its own motion. 81.112.150 Local improvement districts authorized—Special assessment i' "The commission shall enter its final order with respect to bonds. classification within seven months from the date of filing of 81.112.160 County assessor's duties.81.112.170 Interim financing. `a company's petition or the commission's motion. 81.112.900 Section headings not part of law-1992 c 101. (2) The commission shall classify a site operator as a 81.112.901 Severability-1992 c 101. competitive company if the commission finds, after notice 81.112.902 Effective date 1992 c 101. i I and hearing,that the disposal services offered are subject to (competition because the company's customers have rea- 81.112.010 Findings—Intent. The legislature ;tonably available alternatives. In determining whether a recognizes that existing transportation facilities in the central Company is competitive, the commission's consideration Puget Sound area are inadequate to address mobility needs {{i shall include, but not be limited to: of the area. The geography of the region, travel demand (a) Whether the system of interstate compacts and growth, and public resistance to new roadways combine to �regional disposal sites established by federal law has been further necessitate the rapid development of alternative 'implemented so that the Northwest compact site located near modes of travel. d Richland, Washington is the exclusive site option for The legislature finds than local governments have been is by customers within the Northwest compact states; effective in cooperatively planning a multicounty, high I I! (b)Whether waste generated outside the Northwest capacity transportation system. However, a continued mpact states is excluded; and multijurisdictional approach to funding, construction, and °Il t.3q,(c)The ability of alternative disposal sites to make operation of a multicounty high capacity transportation i y t;functionally equivalent services readily available at competi- system may impair the successful implementation of such a love rates, terms, and conditions. system. I'I'! it.-W. '�(3) The commission may reclassify a competitive site The legislature finds that a single agency will be more j ;`operator if reclassification would protect the public interest effective than several local jurisdictions working collectively I' as set forth in this section. at planning, developing, operating, and funding a high 1'jl G1998 Fd.1 �"�'`� [Title 81 RCW—Page 911 li Fr 81.112.010 Title 81 RCW: Transportation capacity transportation system. The single agency's services (2)The legislative authorities of the counties:Wig must be carefully integrated and coordinated with public service area shall decide by resolution whether to p transportation services currently provided. As the single in the authority. This action shall be completed withi4 agency's services are established, any public transportation five days following receipt of the adopted plan or by , services currently provided that are duplicative should be 13, 1993, whichever comes first. eliminated. Further, the single agency must coordinate its 3 Each count that chooses to partici ( ) y p pates activities with other agencies providing local and state authority shall appoint its board members as set fo' roadway services, implementing comprehensive planning, RCW 81.112.040 and shall submit its list of members` and implementing transportation demand management secretary of the Washington state department of trans'' programs and assist in developing infrastructure to support tion. These actions must be completed within thirty" high capacity systems including but not limited to feeder following each county's decision to participate;i' systems, park and ride facilities, intermodal centers, and authority. related roadway and operational facilities. Coordination can (4) The secretary shall call the first meeting o be best achieved through common governance, such as authority, to be held within thirty days following Lecei integrated governing boards. the appointments. At its first meeting, the authority)' It is therefore the policy of the state of Washington,to elect officers and provide for the adoption of rules and-,o empower counties in the state's most populous region to operating procedures. s- create a local agency for planning and implementing a high (5) The authority is formally constituted at its• ' capacity transportation system within that region. The meeting and the board shall begin taking steps to, authorization for such an agency, except as specifically implementation of the system and financing plan adopf provided in this chapter, is not intended to limit the powers the joint regional policy committee. If the joint regidD of existing transit agencies. [1992 c 101 § 1.] policy committee fails to adopt a plan by June 30, 1993 authority shall proceed to do so based on the work comp' 81.112.020 Definitions. Unless the context clearly ed by that date by the joint regional policy committee.:,U requires otherwise, the definitions in this section apply formation of the authority, the joint regional policy comdii throughout this chapter. tee shall cease to exist. The authority may make mino (1) "Authority" means a regional transit authority modifications to the plan as deemed necessary and shall. authorized under this chapter. a minimum review local transit agencies' plans to ensi�te (2) "Board" means the board of a regional transit feeder service/high capacity transit service integration,e r authority. fare integration, and ensure avoidance of parallel competiti (3) "Service area" or "area" means the area included services. The authority shall also conduct a minimum Y within the boundaries of a regional transit authority. day public comment period. „E¢ (4) "System" means a regional transit system authorized (6)If the authority determines that major modifications under this chapter and under the jurisdiction of a regional to the plan are necessary before the initial ballot proposition transit authority. is submitted to the voters, the authority may make those (5) "Facilities" means any lands, interest in land, air modifications with a favorable vote of two-thirds of;th rights over lands, and improvements thereto including vessel entire membership. Any such modification shall be subj., terminals, and any equipment, vehicles, vessels, and other to the review process set forth in RCW 81.104.110. Tli components necessary to support the system. [1992 c 101 modified plan shall be transmitted to the legislative autho, § 2.] ties of the participating counties. The legislative,authorid' shall have forty-five days following receipt to act by mot" 81.112.030 Regional transit authority. Two or more or ordinance to confirm or rescind their continued partici contiguous counties each having a population of four tion in the authority. hundred thousand persons or more may establish aregional (7) If any county opts to not participate in the authon tyy. transit authority to develop and operate a high capacity but two or more contiguous counties do choose to continue transportation system as defined in chapter 81.104 RCW. to participate, the authority's board shall be revised accord* The authority shall be formed in the following manner: ingly. The authority shall, within forty-five days, redefing (1)The joint regional policy committee created pursuant the system and financing plan to reflect elimination Of one, to RCW 81.104.040 shall adopt a system and financing plan, or more counties, and submit the redefined plan to the including the definition of the service area. This action shall legislative authorities of.the remaining counties for thea be completed by September 1, 1992, contingent upon decision as to whether to continue to participate. This actio' satisfactory completion of the planning process defined in shall be completed within forty-five days following receip�� RCW 81.104.100. The final system plan shall be adopted no of the redefined plan. zFa� later than June 30, 1993. In addition to the requirements of (8) The authority shall place on the ballot within two RCW 81.104.100, the plan for the proposed system shall years of the authority's formation, a single ballot propositiO4. provide explicitly for a minimum portion of new tax reve- to authorize the imposition of taxes to support the impie men-" nues to be allocated to local transit agencies for interim tation of an appropriate phase of the plan within its service express services. Upon adoption the joint regional policy area. In addition to the system plan requirements contained' in RCW 81104100(2)(d) the tem plan approved by the. committee shall immediately transmit the plan to the county . . , system ; legislative authorities within the adopted service area. authority's board before the submittal of a proposition to the: voters shall contain an equity element which: t; [Title 81 RCW—page 921 (1998 Fd:l i 3, o" Regional Transportation Authorities 81.112.030 (a) Identifies revenues anticipated to be generated by (b) On the legislative authority of the county, if fifty 'corridor and by county within the percent of the population of the legislative official's district authority's boundaries; (b) Identifies the phasing of construction and operation is withinsA county to executive fromboundaries; a member county within t ?'of high capacity system facilities, services, and benefits in ) k; each corridor. Phasing decisions should give priority to the authority boundaries. jurisdictions which have adopted transit-supportive land use When making appointments, each county executive shall ensure that representation on the board includes an elected i ,plans; and . .t (c) Identifies the degree to which revenues generated city official representing the largest city in each county and within each county will benefit the residents of that county, assures proportional representation from other cities, and representation from unincorporated areas of each county ' and identifies when such benefits will accrue. P A simple majority of those voting within the boundaries within the service area. At least one-half of all appointees is h county serve of the authority is required for approval. If the votethe a o ublicctransportathonl system.n the governing authority of affirmative, the authority shall begin implementation o P projects identified in the proposition. However,the authority Members appointed from each county shall serve .' terms. Vacanc may not submit any authorizing proposition for voter-ap- stagointmentfor theed by gered fur-yearremainder of the une pired term lof the proved taxes prior to July 1, 1993; nor may the authority app issue bonds or form any local improvement district prior to position being governing ng board shall be reconstituted, with regard July 1, 1993. ` (9) If the vote on a proposition fails, the board may to bbasis,rusing theiofficia office of financial al 7 redefine the proposition, make changes to the authority population boundaries, and make corresponding changes to the compo- management population estimates, five years after its initial sition of the board. If the composition of the board is formation and, at minimum, in the year following each changed,the participating counties shall revise the member- official federal census. The board membership may be rship of the board accordingly. The board may then submit reduced, maintained, or expanded to reflect population the revised proposition or a different proposition to the changes but under no circumstances may the board member- ;, voters. No single proposition may be submitted to the voters ship exceed Major decisions of the authority shall require a '. more than twice. The authority may place additional O j ` propositions on the ballot to impose taxes to support addi-. favorable vote of two-thirds of the entire in of the tional phases of plan implementation. voting members. "Major decisions" include at least the ••-� $� If the authority is unable to achieve a positive vote on following: System plan adoption and amendment; system ;; �,,�� rt, a proposition within two years from the date of the first phasing decisions; annual budget adoption; authorization of election on a proposition, the board may, by resolution, annexations; modification of board composition; and execu- reconstitute the authority as asingle-county body. With a true director employment. "V{= two-thirds vote of the entire membership of the voting mem- (3) Each member of the board is eligible to be reim- t J. bets, the board may also dissolve the authority. [1994 c 44 43 03 050 and 43ce with RCW bursed for 103 060 and to receive expenses in compensation ompensation as § 1; 1993 sps. c 23 § 62; P992 c 101 § 3.] g provided in RCW 43.03.250. [1994 c 109 § 1; 1992 c 101 t Effective dates-1993 s s.c 23: See note following RCW P § 4.] u 43.89.010. «.; 81.112.040 Board appointments—Voting— 81.112.050 Area included—Elections—Expirationan be 'i Ex enses. (1) The regional transit authority shall be subsection. (1) At the time of formation, the P "� • ;a' governed by a board consisting of representatives appointed included within the boundary of the authority shall be that by the county executive and confirmed by the council or area set forth in the system plan adopted by the joint other legislative authority of each member county. Member- regional policy committee. Prior to submitting the system k, ship shall be based on population from that portion of each and financing plan to the voters, the authority may make 4: county which lies within the service area. Board members adjustments to the boundaries as deemed appropriate but - ; shall be appointed in on the basis of one for each one ble, the boundaries: (a must assure that, to the extent possi hundred forty-five.thousand population within the county. Include the largest-population urban growth area designated Such appointments shall be made following consultation with by each county under chapter 36.70A RCW; and (b) follow city and town jurisdictions within the service area. In election precinct boundaries. If a portion of any city is addition, the secretary of,transportation or the secretary's determined to be within the service area, the entire city must 4' ' oard and may have be included within the boundaries of the authority. designee shall serve as a member of the b •$ E`,; voting status with approval of a majority of the other (2) After voters within the authority boundaries have members of the board. Only board members, not including approved the system and financing plan, elections to add alternates or designees, may cast votes. areas contiguous to the authority boundaries may be called ^. ry of by resolution of the regional transit authority,,after consul Each member of the board, except the secreta - transportation or the secretary's designee, shall be: talion with affected transit agencies and with the concurrence (a) An elected official who serves on the legislative of the legislative authority of the city or town if the area is Yi authority of a city or as mayor of a city within the bound- incorporated, or with the concur ence of the county legisla- aries of the authority; tive authority if the area is unincorporated. Only those areas that would benefit from the services provided by the au- i? f. [Title 81 RCW—page 931 (1998 Ed.) i �l a 1"' 1i 81.112.050 { ��:�, Title 81 RCW: Transportation �; al thority may be included and services or projects proposed for planning, constructing, or operating any facility or perforin-the area must be consistent with the regional transportation ing any service that the authority may be authorized to plan. The election may include a single ballot proposition operate or perform, on such terms as may be agreed upon by providing for annexation to the authority boundaries and the contracting parties. Before any contract for the lease or imposition of the taxes at rates already imposed within the operation of any authority facilities is let to any private j authority boundaries. person, firm, or corporation, a general schedule of rental (3) Upon receipt of a resolution requesting exclusion rates for equipment with or without operators applicable to from the boundaries of the authority from a city whose all private certificated carriers shall be publicly posted, and municipal boundaries cross the boundaries of an authority for other facilities competitive bids shall first be called upon and thereby result in only a portion of the city being subject such notice, bidder qualifications, and bid conditions as the to local option taxes imposed by the authority under chapters board shall determine. This shall allow use of negotiated 81.104 and 81.112 RCW in order to implement a high- procurements. [1992 e 101 § 7.] capacity transit plan, and where the vote to approve the t, i city's incorporation occurred simultaneously with an election 81.112.080 Additional powers—Acquisition of i approving the local option taxes, then upon a two-thirds facilities—Disposal of property—Rates, tolls, fares, { majority vote of the governing board of the authority, the charges. An authority shall have the following powers in governing board shall redraw the boundaries of the authority addition to the general powers granted by this chapter: 1 ;J' to exclude that portion of the city that is located within the (1) To carry out the planning processes set forth in authority's boundaries, and the excluded area is no longer RCW 81.104.100; !Il subject to local option taxes imposed by the authority. This (2) To acquire by purchase, condemnation, gift, or grant subsection expires December 31, 1998. [1998 c 192 § 1; and to lease, construct, add to, improve, replace, repair, i � 1992 c 101 § 5.1 maintain, operate, and regulate the use of high capacity -! transportation facilities and properties within authority 81.112.060 Powers. An authority shall have the boundaries including surface, underground, or overhead i' following powers: railways, tramways, busways, buses, bus sets, entrained and ; (( U (1) To establish offices, departments, boards, and linked buses, ferries, or other means of local transportation commissions that are necessary to carry out the purposes of except taxis, and including escalators, moving sidewalks, the authority, and to prescribe the functions, powers, and personal rapid transit systems or other people-moving sys- a duties thereof. tems, passenger terminal and parking facilities and proper- } t (2)To appoint or provide for the appointment of, and to ties, and such other facilities and properties as may be remove or to provide for the removal of, all officers and necessary for passenger, vehicular, and vessel access to and employees of the authority. from such people-moving systems, terminal and parking fa- i''� �+? (3) To fix the salaries, wages, and other compensation cilities and properties, together with all lands, rights of way, of all officers and employees of the authority, property, equipment, and accessories necessary for such high (4) To employ such engineering, legal, financial, or capacity transportation systems. When developing specifica- t other specialized personnel as may be necessary to accom- tions for high capacity transportation system operating #' t plish the purposes of the authority. [1992 c 101 § 6.] equipment, an authority shall take into account efforts to �! establish or sustain a domestic manufacturing capacity g for 81.112.070 General powers. In addition to the such equipment. The right of eminent domain shall be . powers specifically granted by this chapter an authority shall exercised by an authority in the same manner and by the 1 ! have all powers necessary to implement a high capacity same procedure as or may be provided by law for cities,of '! r'l transportation system and to develop revenues for system the first class, except insofar as such laws may be inconsis- �� support. An authority may contract with the United States tent with the provisions of this chapter. Public transportation ' or any agency thereof, any state or agency thereof, any facilities and properties which are owned by any city, public transportation benefit area, any county, county county, county transportation authority, public transportation � # I' transportation authority,city, metropolitan municipal corpo- benefit area, or metropolitan municipal corporation may be ration, special district, or governmental agency, within or acquired or used by an authority only with the consent of the without the state, and any private person, firm, or corpora- agency owning such facilities. Such agencies are hereby tion for: (1) The purpose of receiving gifts or grants or authorized to convey or lease such facilities to an authority , !- lI securing loans or advances for preliminary planning and or to contract for their joint use on such terms as may be ., I !! feasibility studies; (2) the design, construction, or operation fixed by agreement between the agency and the authority. of high capacity transportation system facilities; or (3) the The facilities and properties of an authority whose provision or receipt of services, facilities, or property rights vehicles will operate primarily within the rights of way of to provide revenues for the system. An authority shall have public streets, roads, or highways, may be acquired, devel- �J I' the power to contract pursuant to RCW 39.33.050. In oped, and operated without the corridor and design hearings v addition,. an authority may contract with any governmental that are required by RCW 35.58.273 for mass transit i' agency or with any private person, firm, or corporation for facilities operating on a separate right of way; , fI �� the use by either contracting party of all or any part of the (3)To dispose of any real or personal property acquired facilities, structures, lands, interests in lands, air rights over in connection with any authority function and that is no lands and rights of way of all kinds which are owned, longer required for the purposes of the authority, in the same ' leased, or held by the other party and for the purpose of manner as provided for cities of the first class. When an j!Ii I [Title 81 RCW—page 94] (1998 Ed.) ;, Regional Transportation Authorities 81.112.080 �toriry determines that a facility or any part thereof that review, or procurement processes related to the high capacity ! h been acquired from any public agency without compen- transportation system that had been commenced by a joint red for authority purposes, but is regional policy committee or a city, coy, countyr anspor- on is no longer requitrans- li �aquired by the agency from which it was acquired, the tation authority, metropolitan pal ty, public uthority shall by resolution transfer it to such agency; portation benefit area prior to the formation of the authority. E w r,(4)To fix rates, tolls, fares, and charges for the use of [1992 c 101 § 10.1 Ip uch facilities and to establish various routes and classes of 81.112.110 Acquisition of existing system— !�L �:��.. .:service. Fares or charges may be adjusted or eliminated or any distinguishable class of users. [1992 c 101 § 8.] Components. If an authority acquires any existing compo- (), nents of a high capacity transportation system, it shall ,:w: Irl .81.112.090 Agreements with operators of high assume and observe all existing labor contracts relating to opacity ept in accordance the transportation system and, to the extent necessary for transportation serviees. Exc .� actagreement made as provided in this section, upon the operation of facilities, all of the employees of such acquired date an authority begins high capacity transportation service, transportation system whose duties are necessary to operate I, no person or private corporation may operate a high capacity efficiently the facilities acquired shall be appointed to r Jrat►sportation service within the authority boundary with the comparable positions to those which they held at the time of ition y exception of services owned or operated by any corporation such transfer, and no employee or retired or pensioned ±''or or solely for the purposes of the corporation or employee of such transportation systems shall be placed in or and for the use of which no fee or fare is any worse position with respect to pension seniority, wages, charged• sick leave, vacation or other benefits that he or she enjoyed �'" Sf;s rity and any person or corporation legally as an employee of the transportation system prior to such s` U.r. operating a high capacity transportation service wholly acquisition. At such times as may be required by such within or partly within ority shall engage in collective bargaining and partly without the authority contracts,the auth thority begins high capacity with the duly appointed representatives of any employee boundary on the date an au ` transportation service may enter into an agreement under labor organization having existing contracts with the ac- which such person or corporation may continue to operate quired transportation system and may enter into labor I +;+ such service or any part thereof for such time and upon such contracts with such employee labor organization. Facilities terms and conditions as provided in such agreement. Such and equipment which are acquired after July 1, 1993, related 1 agreement shall provide for a periodic review of the terms to high capacity transportation services which are to be and conditions contained therein. Where any such high ca- assumed by the authority as specifically identified in the I!�, rvice will be required to cease to adopted system plan shall be acqu pacity transportation seired by the authority in a operate within the authority boundary, the authority may manner consistent with RCW 8 1.1 12.070 through y' agree with the owner of such service to purchase the assets 81.112.100. [1992c 101 § 11.] b' ice, or if no agreement can be used in providing such sery t' reached, an authority shall condemn such assets in the 81.112.120 Treasurer—Funds—Auditor—Bond. }' manner and by the same procedure as is or may be provided The board of an authority, by resolution, shall designate a i< by law for the condemnation of other properties for cities of person having experience in financial or fiscal matters as the first class, except insofar as such laws may be inconsis- treasurer of the authority. The board may designate, with '. tent with this chapter. the concurrence of the treasurer, the treasurer of a county ier operates within which the authority is located. Such a treasurer shall Wherever a privately owned public carr wholly or partly within an authority boundary, the Washing- possess all of the powers, responsibilities, and duties the 11. " ton utilities and transportation commission shall continue to county treasurer possesses for a public transportation benefit exercise jurisdiction over such operation as provided by law. area authority related to investing surplus authority funds. [1992 c 101 § 9.1 The board shall require a bond with a surety company Ri authorized to do business in the state of Washington in an 81.112.100 Transfer of local government powers to amount and under the terms and conditions the board;by L4I authority. An authority shall have and exercise all rights resolution, from time to time finds will protect the authority struction, acquisition, maintenance, against loss. The premium on any such bond shall be paid with respect to the con operation, extension, alteration, repair, control and manage- by the authority. ment of high capacity transportation system facilities that are All authority funds shall be paid to the treasurer and identified in the system plan developed pursuant to RCW shall be disbursed by the treasurer only on warrants issued 81.104.100 that any city, county, county transportation by the authority upon orders or vouchers approved by the authority, metropolitan municipal corporation, or public board. transportation benefit area within the authority boundary has The treasurer shall establish a special fund, into which been previously empowered to exercise and such powers shall be paid all authority funds, and the treasurer shall shall not thereafter be exercised by such agencies without the maintain such special accounts as may be created by the �! consent of the authority. Nothing in this chapter shall authority into which shall be placed all money as the board peration of a personal may, by resolution, direct. restrict development, construction, or oI rapid transit system by a city or county. If the treasurer of the authority is the treasurer of a An authority may adopt, in whole or in part, and may county, all authority funds shall be deposited with the county planning,environmental depositary under the same restrictions, contracts, and security complete,modify,or terminate any (1998 [Title 81 RCW—page 95] I 81.112.120 Title 81 RCW: Transportation as provided for county depositaries. If the treasurer of the Such revenue bonds and the interest thereon issu` authority is some other person, all funds shall be deposited against such fund or funds shall be a valid claim of thbs, in such bank or banks authorized to do business in this state owners thereof only as against such fund or funds and the'.,, that have qualified for insured deposits under any federal revenue pledged therefor, and shall not constitute a general"f deposit insurance act as the board, by resolution, shall indebtedness of the� authority. gnate. desi (2)Notwithstanding subsection (1) of this section,suc The authority may by resolution designate a person bonds may be issued and sold in accordance with chapter•': having experience in financial or fiscal matters, as the 39.46 RCW. [1992 c 101 § 14.1 auditor of the authority. Such auditor shall possess all of the powers, responsibilities, and duties related to creating and 81.112.150 Local improvement districts autho• maintaining funds, issuing warrants, and maintaining a rized—Special assessment bonds. (1) An authority may j record of receipts and disbursements. Y y form a local improvement district to provide any transportas. The board may provide and require a reasonable bond tion improvement it has the authority to provide, impose' ". of any other person handling moneys or securities of the special assessments on all property specially benefited by the authority, but the authority shall pay the premium on the transportation improvements, and issue special assess { `` bond. [1992 c 101 § 12.1 ment bonds or revenue bonds to fund the costs of the transports'':;.. tion improvement.I� provement. Local improvement districts shall be ;; r 81.112.130 General obligation bonds. Notwithstand- created and assessments shall be made and collected pursd., '. ing RCW 39.36.020(1), an authority may at any time ant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and;;, contract indebtedness or borrow money for authority purpos- 35.54 RCW. ' es and may issue general obligation bonds in an amount not (2) The board shall by resolution establish for each exceeding, together with any existing indebtedness of the special assessment bond issue the amount, date, terms',)", + authority not authorized by the voters, one and one-half conditions, denominations, maximum fixed or variable'i., percent of the value of the taxable property within the interest rate or rates, maturity or maturities, redemption'' -v 9 ' boundaries of the authority; and with the assent of three- rights, registration privileges, if any, covenants, and form''` J :R fifths of the voters therein voting at an election called for including registration as to principal and interest, registration' !' that purpose, may contract indebtedness or borrow money as to principal only, or bearer. Registration may include,but for authority purposes and may issue general obligation not be limited to: (a) A book entry system of recording the bonds therefor, provided the total indebtedness of the ownership of a bond whether or not physical bonds are authority shall not exceed five percent of the value of the issued; or (b) recording the ownership of a bond together taxable property therein. Such bonds shall be issued and with the requirement that the transfer of ownership may only: ' sold in accordance with chapter 39.46 RCW. be effected by the surrender of the old bond and either the' J y; The term "value of the taxable property" shall have the reissuance of the old bond or the issuance of a new bond to meaning set forth in RCW 39.36.015. [1992 c 101 § 13.] the new owner. Facsimile signatures may be used on the,', !r bonds and any coupons. The maximum term of any specials 81.112.140 Revenue bonds. (1) An authority may assessment bonds shall not exceed thirty years beyond the issue revenue bonds to provide funds to carry out its date of issue. Special assessment bonds issued pursuant tol;. authorized functions without submitting the matter to the this section shall not be an indebtedness of the authorityl`' voters of the authority. The authority shall create a special issuing the bonds, and the interest and principal on the bonds-:. fund or funds for the sole purpose of paying the principal of shall only be payable from special assessments made for the and interest on the bonds of each such issue, into which fund improvement for which the bonds were issued and any local i1i or funds the authority may obligate itself to pay such improvement guaranty fund that the authority has created'.;.'!. assessment bond or an� special amounts of the gross revenue of the high capacity transports- The owner or bearer of a s p y ! tion system constructed, acquired, improved, added to, or interest coupon issued pursuant to this section shall not haves hf repaired out of the proceeds of sale of such bonds, as the any claim against the authority arising from the bond or authority shall determine and may obligate the authority to coupon except for the payment from special assessments ! pay such amounts out of otherwise unpledged revenue that made for the improvement for which the bonds were issued- '! I may be derived from the ownership, use, or operation ofand any local improvement guaranty fund the authority:has'';, properties or facilities owned, used, or operated incident to created. The authority issuing the special assessment bonds; f I the performance of the authorized function for which such is not liable to the owner or bearer of any special assessment► bonds are issued or out of otherwise unpledged fees, tolls, bond or any interest coupon issued pursuant to this section!" 4 b! charges, tariffs, fares,rentals, special taxes, or other sources for any loss occurring in the lawful operation of its,locsh; of payment lawfully authorized for such purpose, as the improvement guaranty fund. The substance of the limits ' i I authority shall determine. The principal of, and interest on, tions included in this subsection shall be plainly printedil such bonds shall be payable only out of such special fund orwritten, or engraved on each special assessment bond issuedl- j funds, and the owners of such bonds shall have a lien and pursuant to this section. ;11i 1 charge against the gross revenue of such high capacity (3) Assessments shall reflect any credits given by the'' transportation system or any other revenue, fees, tolls, authority for real property or property right donations.made yli charges, tariffs, fares, special taxes, or other authorized pursuant to RCW 47.14.030. r !I�. sources pledged to the payment of such bonds. (4) The board may establish and pay moneys into a{;' local improvement guaranty fund to guarantee special 1 [Title 81 RCW—page 961 " k " Regional Transportation Authorities 81.112.150 g P ssessment bonds issued by the authority. [1992 c 101 § persons or circumstances is not affected. [1961 c 14 § 81.98.030. Formerly RCW 81.98.030.1 5.] 81.112.160 County assessor's duties. It shall be the 81.900.040 Repeals and saving. See 1961 c 14 § a uty of the assessor of each component county to certify 81.98.040. Formerly RCW 81.98.040. nnually to a regional transit authority the aggregate assessed I aluation of all taxable property within the boundaries of the 81.900.050 Emergency-1961 c 14. This act is uthority as the same appears from the last assessment roll necessary for the immediate preservation of the public peace, f the county. [1992 c 101 § 16.1 health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. 81.112.170 Interim financing. A regional transit [1961 c 14 § 81.98.050. Formerly RCW 81.98.050.1 authority may apply for high capacity transportation account !j' unds and for central Puget Sound account funds for high rapacity transit planning and system development. Transit agencies contained wholly or partly within a ill" egional transit authority may make grants or loans to the I,II authority for high capacity transportation planning and i ;ystem development. [1992 c 101 § 17.1 I: 81.112.900 Section headings not part of law-1992 h, e 101. Section headings as used in this act do not constitute illl any part of the law. [1992 c 101 § 33.] 81.112.901 Severability-1992 c 101. If any provi- sion of this act or its application to any person or circum- stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. [1992 c 101 § 34.] ri d 81.112.902 Effective date-1992 c 101. This act shall take effect July 1, 1992. [1992 c 101 § 35.1 ` I Chapter 81.900 CONSTRUCTION Sections 81_900.010 Continuation of existing law. 81.900.020 Title,chapter,section headings not part of law. 81.900.030 Invalidity of part of title not to affect remainder. 81.900.040 Repeals and saving. 81.900.050 Emergency-1961 c 14. 81.900.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and !' relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. [1961 c 14 § 81.98.010. Formerly RCW 81.98.010.1 Ii 81.900.020 Title,chapter,section headings not part of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law. [1961 c 14 § 81.98.020. Formerly RCW 81.98.020.1 81.900.030 Invalidity of part of title not to affect ;I remainder. If any provision of this title, or its application to any person or circumstance is held invalid,the remainder 11 of the title, or the application of the provision to other �i i� ail (1998 Ed.) [Title 81 RCW—page 97] II ,I