Record No: CB 119046    Version: 1 Council Bill No: CB 119046
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/7/2017
Ordinance No: Ord 125379
Title: AN ORDINANCE relating to automated fixed camera revenue; amending Ordinance 125207, which adopted the 2017 Budget; changing appropriations to various departments and budget control levels, and from various funds in the 2017 Budget; and amending Sections 5.81.010 and 5.82.010 of the Seattle Municipal Code; all by a 3/4 vote of the City Council.
Sponsors: Bruce Harrell
Supporting documents: 1. Summary and Fiscal Note, 2. Signed Ordinance 125379, 3. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to automated fixed camera revenue; amending Ordinance 125207, which adopted the 2017 Budget; changing appropriations to various departments and budget control levels, and from various funds in the 2017 Budget; and amending Sections 5.81.010 and 5.82.010 of the Seattle Municipal Code; all by a 3/4 vote of the City Council.

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WHEREAS, beginning with the 2016-2017 school year, Seattle School District No. 1 (“Seattle Public Schools”) switched the start times for elementary and secondary students, which has resulted in elementary schools starting before 8:00 a.m., creating challenges for young children going to school in darkness; and

WHEREAS, the Seattle School Traffic Safety Committee (which includes representatives from the Seattle Department of Transportation, Cascade Bicycle Club, Seattle Police Department, Seattle Neighborhood Greenways, and Seattle Public Schools Transportation Department) has stated that elementary schools should start no earlier than 8:00 a.m. in order to maximize student safety while walking to school; and

WHEREAS, the three-tier bus and bell schedule has resulted in three different school start times, creating challenges for parents with children at multiple grade levels; and

WHEREAS, Seattle Public Schools parents have asked the District to move from a three-tier bus and bell schedule to a two-tier schedule; and

WHEREAS, Seattle Public Schools has made a formal request to the City to provide up to $2.3 million in transportation expenses; and

WHEREAS, the proviso imposed by Ordinance 125328 would allow for one-time funding to be provided from the Seattle Department of Transportation to enable Seattle Public Schools to make the transition from a three-tier bus and bell schedule to a two-tier schedule; and

WHEREAS, there are unallocated resources available in the School Safety Traffic and Pedestrian Improvement (SSTPI) Fund and Council intends that these unallocated resources be appropriated on a one-time basis to pay for the Seattle Public Schools transition from a three-tier bus schedule to a two-tier bus schedule; and

WHEREAS, the National Committee on Uniform Traffic Laws and Ordinances recommends dedicating infraction revenue from automated traffic law enforcement to road and pedestrian safety projects; and

WHEREAS, the City Council intends that the revenues generated by school zone fixed automated cameras and a portion of revenues generated by automated traffic cameras be used to expand efforts to improve school zone traffic and pedestrian safety; and

WHEREAS, Ordinance 124907 amends Ordinance 124230 to dedicate revenues generated by automatic traffic safety camera fines and civil penalties to the SSTPI Fund; and

WHEREAS, in order to access the resources in the SSTPI Fund, amendments are needed to Chapters 5.81, School Zone Fixed Automated Camera Revenues, and 5.82, Automated Traffic Safety Camera Revenues, of the Seattle Municipal Code to specify that an allowable use of the funds is school transportation; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 5.81.010 of the Seattle Municipal Code, last amended by Ordinance 124346, is amended as follows:

5.81.010 Financial ((Policies.)) policies

The following financial policies govern revenues generated from school zone fixed automated camera fines or civil penalties:

A.                     Spending for School Traffic and Pedestrian Safety: Funding in an amount equal to the revenue generated annually by school zone fixed automated camera fines and civil penalties will be spent for school traffic and pedestrian safety and directly related infrastructure projects; pedestrian, bicyclist, and driver education campaigns; and installation, administrative, enforcement, operations and maintenance costs associated with the school zone fixed automated cameras.

B.                     Notwithstanding subsection 5.81.010.A, up to $2.3 million will be appropriated on a one-time basis to pay for the Seattle Public Schools transition from a three-tier bus schedule to a two-tier bus schedule.

((B)) C.                     Annual Budget Revenues and Appropriations: The Executive will propose appropriations for the items in ((Subsection)) subsection 5.81.010.A above in its annual budget submittal to the Council based on the amount of school zone fixed automated camera fines and civil penalties projected to be received in the proposed budget year.

((C)) D.                     Year-End Report: The Executive will provide a year-end report to the City Council on school zone fixed automated camera revenue receipts, appropriation, and expenditures by March 1 each year.

((D)) E.                     True-Up of Revenues and Expenditures: To the extent that actual annual revenues from school zone fixed automated cameras differ from the appropriations made through the annual budget, the Executive will propose appropriation changes in supplemental legislation to ensure that funding in an amount at least equal to the actual revenues generated by school zone fixed automated cameras are spent for school traffic and pedestrian safety and directly related infrastructure projects; pedestrian, bicyclist, and driver education campaigns; and installation, administrative, enforcement, operations, and maintenance costs associated with the school zone fixed automated cameras.

Section 2. Section 5.82.010 of the Seattle Municipal Code, last amended by Ordinance 125206, is amended as follows:

5.82.010 Financial policies

The following financial policies govern revenues generated from automated traffic safety camera fines or civil penalties:

A.                     Spending for school traffic and pedestrian safety: Funding in an amount equal to 20 percent of the revenue generated annually by automated traffic safety camera fines and civil penalties will be spent for school traffic and pedestrian safety and directly related infrastructure projects, as well as pedestrian, bicyclist, and driver education campaigns and installation, administrative, enforcement, operations, and maintenance costs associated with the automated traffic safety cameras (also known as red light cameras).

B.                     Notwithstanding subsection 5.82.010.A, up to $2.3 million will be appropriated on a one-time basis to pay for the Seattle Public Schools transition from a three-tier bus schedule to a two-tier bus schedule.

((B)) C.                     Annual budget revenues and appropriations: The Executive will propose appropriations for the items in subsection 5.82.010.A in its annual budget submittal to the City Council based on the amount of automated traffic safety camera fines and civil penalties projected to be received in the prior budget year.

((C)) D.                     Year-end report: The Executive will provide a year-end report to the City Council on automated traffic safety camera revenue receipts, appropriation, and expenditures by March 1 each year.

((D)) E.                     True-up of revenues and expenditures: To the extent that actual annual revenues from automated traffic safety cameras differ from the appropriations made through the annual budget, the Executive will propose appropriation changes in supplemental legislation to ensure that funding in an amount equal to 20 percent of the actual revenues generated by automated traffic safety cameras is spent for the purposes described in Section 2 of Ordinance 124230, as amended by Ordinance 124907.

Section 3. In order to pay for necessary costs and expenses incurred or to be incurred in 2017, but for which insufficient appropriations were made due to causes that could not reasonably have been foreseen at the time of the making of the 2017 Budget, appropriations for the following items in the 2017 Budget are increased from the funds shown, as follows:

Item

Fund Name and Number

Department

Budget Control Level

Amount

2.1

Transportation Operating Fund (10310)

Seattle Department of Transportation (SDOT)

Mobility-Operations (17003)

$2,300,000

2.2

School Safety Traffic and Pedestrian Improvement Fund (18500)

School Safety Traffic and Pedestrian Improvement Fund

School Safety Education and Outreach, Infrastructure Maintenance, and Capital Improvements (SZF200)

$2,300,000

Total

$4,600,000

Unspent funds so appropriated shall carry forward to subsequent fiscal years until they are exhausted or abandoned by ordinance.

Section 4. The Director of the Seattle Department of Transportation is authorized to enter into agreement with Seattle Public Schools for purposes of providing one-time funding for school bus transportation for the fall of 2017.

Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by a 3/4 vote of all the members of the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)