Record No: CB 119406    Version: 1 Council Bill No: CB 119406
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 11/19/2018
Ordinance No: Ord 125719
Title: AN ORDINANCE relating to the School Safety Traffic and Pedestrian Improvement Fund; amending Sections 5.81.010 and 5.82.010 of the Seattle Municipal Code; and transferring money from the School Safety Traffic and Pedestrian Improvement Fund to the General Fund for one-time expenditures.
Sponsors: Sally Bagshaw
Supporting documents: 1. Summary and Fiscal Note, 2. Signed Ordinance 125719, 3. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to the School Safety Traffic and Pedestrian Improvement Fund; amending Sections 5.81.010 and 5.82.010 of the Seattle Municipal Code; and transferring money from the School Safety Traffic and Pedestrian Improvement Fund to the General Fund for one-time expenditures.

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WHEREAS, the School Safety Traffic and Pedestrian Improvement Fund (SSTPIF) was established with 100 percent of the revenues generated by school zone fixed automated camera fines and civil penalties and 20 percent of the revenues generated by automated traffic safety camera (also known as red light camera) fines and civil penalties; and

WHEREAS, the City Budget Office’s October 2018 revenue update increased anticipated revenues from school zone fixed automated camera fines and civil penalties by $2,198,095 in 2018, $2,150,312 in 2019, and $2,371,961 in 2020; and

WHEREAS, the City Budget Office’s October 2018 revenue update did not change the anticipated revenue from automated traffic safety camera fines and civil penalties directed to the SSTPIF, which remain $918,250 in 2018, $888,750 in 2019, and $871,000 in 2020; and

WHEREAS, the increased forecast of school zone camera revenue to the SSTPIF is higher than the anticipated red light camera revenue directed to the SSTPIF; and

WHEREAS, pursuant to RCW 46.63.180, revenues generated by school zone fixed automated camera fines and civil penalties may only be used for school traffic and pedestrian safety and directly related infrastructure projects; pedestrian, bicycles, and driver education campaigns; and installation, administrative, enforcement, operations, and maintenance costs associated with the school zone fixed automated cameras; and

WHEREAS, pursuant to RCW 46.63.180, revenues generated by automated traffic safety cameras are unrestricted and may be spent for any general government purpose; and

WHEREAS, the Council desires to utilize the revenues generated by automated traffic safety camera (red light camera) fines and civil penalties in 2018, 2019, and 2020 for general government purposes; and

WHEREAS, Ordinance 125379 authorized a one-time allowance for SSTPIF funds to be spent on the Seattle Public Schools transition from a three-tier bus schedule to a two-tier bus schedule, which has been completed, and should be removed from the financial policies governing the SSTPIF; 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 125379, is amended as follows:

5.81.010 Financial 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.))

((C.)) B. Annual Budget Revenues and Appropriations: The Executive will propose appropriations for the items in 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.

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

((E.)) D. 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 125379, 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.))

((C.)) B. 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.

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

((E.)) D. 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.

E. Notwithstanding subsections 5.82.010.A, 5.82.010.B, and 5.82.010.D, none of the revenue generated by automatic traffic safety camera fines and civil penalties in 2018, 2019 and 2020 will be directed to the School Safety Traffic and Pedestrian Improvement Fund.

Section 3. The Council authorizes a transfer on January 1, 2019 in the amount of $918,250 from the unexpended and unencumbered balance of the School Safety Traffic and Pedestrian Improvement Fund to the General Fund as shown below:

Item

Fund

Amount

Transferred  (In / Out)

3.1

General Fund (00100)

 $918,250

Transferred In

 

School Safety Traffic and Pedestrian Improvement Fund (18500)

($918,250)

Transferred Out

 

 

 

Section 4. 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 the City Council the ________ day of _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)