HomeMy WebLinkAbout2021-07-12-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday July 12, 2021 -1:30 PM
Webex and Commissioners' Auditorium
1. Call to Order
2. DNR Easement at Dickey Creek Discussion
3. Interlocal Agreement with Grant County PUD Discussion
4. REET 2 Discussion
S. Other business
6. Adjourn
Created on 7/8/2021 10:05:45 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
In -Person and Webex
Regular Meeting
MONDAY 1:30 PM July,12 2021
Board members present: Chairman Brett Wachsmith, Vice -Chairman Laura
Osiadacz, and Commissioner Cory Wright.
Others In -Person: Mark Cook, Rebecca Cruse, Public Works; Dan
Carlson, Jeremy Johnston, Community Development Services; Amy Cziske,
Kyiee Wuesthoff, Treasurer's Office; Bruce Coe, Steven Douglas,
Michael Lundin, Donald Chance, Warren Taylor, Planning Commission.
Others Virtual: Taylor Crouch, Commissioners Office; Jessica Miller,
Bridget Pechtel, Jeremiah Cromie, Kelly Bacon, Mike Flory, Community
Development Services; Neil Caulkins, Prosecuting Attorney's Office;
(5) Members of the Public.
At 1:30 pm Chairman Wachsmith opened the Public Works Study Session,
DNR EASEMENT AT DICKEY CREEK DISCUSSION
Mark Cook updated the Board of County Commissioners on the status
of the Dickey Creek Bridge Replacement project. Mark Cook stated that
staff has entered a request to the Department of Natural Resource's
Attorney General in Olympia, WA for a Right of Way swap related to
the project. Mark Cook continued that the land swap is necessary to
meet the requirements of the approach for the new bridge and State
approval could take up to six (6) months. Mark Cook added that the
delay will push the project back from the original project completion
date.
INTERLOCAL AGREEMENT WITH GRANT COUNTY PUD DISCUSSION
Mark Cook gave a brief history of the Interlocal Agreement between
Grant County PUD and the county for the Vantage Boat Ramp and
facilities. Mark Cook stated that staff has been working with Grant
County PUD on an extension of the existing agreement. Mark Cook added
that staff is proposing a one (1) year extension to the existing
agreement and is seeking direction on moving the enabling documents
forward for consideration. Discussion was held. Staff was directed to
bring the revised agreement forward for consideration.
REET 2 DISCUSSION
Mark Cook gave background on the funding needs of Public Works, and
current capital projects. Mark Cook and Treasurer Amy Cziske
requested the Board of County Commissioners to consider implementing
REET 2 Tax on Property Sales to assist in funding Capital Projects
along with the Kittitas County Recreation and Tourism Plan.
Commissioner Cory Wright inquired if REET 2 Funds would be used for
further acquisition. Mark Cook explained to Commissioner Cory Wright
on allowable uses for REET 2 funding. Vice -Chairman Laura Os=adacz
inquired if Kittitas County meets the threshold for GMA and Mark
Cook confirmed that Kittitas County exceeds the growth rates -o
qualify. Discussion was held. Staff was directed to schedule Publ=c
Hearing for September 215t for consideration.
Meeting adjourned at 2:06 pm.
Aw'r"""
Rebecca Cruse, Administrative
Assistant
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Brett Wachsmith, Chairman
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 12, 2021
TOPIC: DNR Easement at Dickey Creek
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct staff pursue securing a permanent, non-exclusive properly conditioned easement
from Department of Natural Resources (DNR) supporting the Dickey Creek Bridge
replacement project.
BRIEFING SUMMARY:
• The Dickey Creek Bridge replacement project requires the establishment of a new
road alignment.
• Public Works proposes "swapping" our existing right of way for new right of way
obtained from DNR.
• DNR apparently does not "swap" right of way with local agencies.
• The standard DNR lease does not contemplate typical road maintenance issues
associated with County Road maintenance activities.
• County Surveyor Turnbull has "marked up" the standard DNR lease for DNR
consideration.
• DNR staff has cautioned Public Works the Attorney General (AG) review of our
requested changes will likely take several months to review.
• It is likely that PW will now require Western Federal Lands to push the project
back one full year.
BACKGROUND:
PW is fully funded to replace the Dickey Creek Bridge (Tearaway Road) and realign
road approaches using a Federal Highway Administration grant. PW proposes
exchanging like for like as it relates to existing and future road right of way. DNR does
not exchange right of way with local governments. The standard DNR is not acceptable
to PW. PW is providing suggested revisions to the DNR standard lease that will require
AG review. That review is anticipated to take several months. The delay forces a one-
year construction delay to the project.
Page 1 of 3
Public Works "Work Session Staff Report", 2021
DISCUSSION:
PW is unwilling to accept a lease for Teanaway Road realignment that diminishes our
ability maintaining Teanaway Road and the new bridge. While the anticipated one-year
delay is not favorable to DNR and others owing to load limits on the current bridge — the
delay seems inevitable. Several years ago, PW discussed the realignment with DNR, and
we were encouraged to proceed with re -scoping the bridge replacement project. The
proposed realignment was not identified as being "problematic".
Providing the AG favorably views our requested changes to DNR's standard lease, the
project will move forward. If the AG's review is not favorable, PW anticipates lobbying
the Board to terminate the project and pay FHWA for all work to date. The existing
bridge constricting Teanaway River flows will remain, and no realignment will be
required. This project is heading the same direction as Lick Creek where state agencies
lobby for the project and then find it difficult supporting the project through construction.
The project is also experiencing significant time impacts from resource agency review.
FISCAL IMPACTS:
PW has a 15% cost match to all FHWA expenses towards the project.
ATTACHMENTS:
Exhibit 1: Marked up DNR standard lease
Page 2 of 3
Public Works "Work Session Staff Report", 2021
EXHIBIT 1: MARKED UP DNR STANDARD LEASE
Page 3 of 3
Public Works "Work Session Staff Report", 2021
When recorded return to:
Department ofNatural Resources
Enter Region Region
Attn: Name
Enter Region Street Addrr=
Enter Region City, State, Zip
Grantor(s): «Grantor Name);
Grantee(s): oGrantee Nam*lftL
Legal Description: aLea] DK _—nirBWi
Assessor's Property Talo? .)t &!j
Cross Reference: «Cro,,.. jt6jrcttL5x
DNREasem. " NDVA_Fodrenxnl_N
Conveyance. St. -19
hereby grants and
a political
fsrrern catied "Grantee" and the STATE OF
e Department of Natural Resources, herein called
"Effective Date".
of the terms and conditions specified herein,
A non-exclusive easemenTIM gross for the sole purpose of construction, operation, use, and
maintenance of a public road over and across portions of "Enter Legal Description (STR)"
more specifically described on that Record of Survey (hereinafter Easement Area), recorded
in Enter County(ies) , Washington on (Enter Date) under Auditor File Number (Enter AFN)
and by this reference made a part hereof.
OPTIONAL; delete if not applicable
State hereby conveys to Grantee timber currently growing within the Easement Area as set
forth in Exhibit No , and authorizes the removal of such timber as necessary to construct or
County Road Easement 1 of 12 Easement No. xMR_Easement_Tdot)
reconstruct road(s). Any timber conveyed under this Easement that is not removed within
five (5) years from the date of this Easement or the date of authorization by State, whichevei
is later, shall be deemed forfeited and become the property of State. All other timber located
within the Easement Area and timber subsequently grown within the Easement Area shall
belong to State and shall not be removed without prior approval of State and without full
compensation to State for the value of timber removed,
The consideration paid by the Grantee to
anount and spell out dollar amount 111A
Compliance with Laws. Grantee
regulations, permits, or requiretne
L
\twoal
y law.
nassigned
toible laws,
WfOcting the Easement Area and
AS
opies of permits or orders.
g state land under this
c5mpiy with all applsubstitution), -�r---- _n export and substitution),
r5s,1, and WAC 240-15-030 (relating to
=ands shall be painted and branded in
wingly violates any of the prohibitions
wading on or purchasing export restricted
,e Export Administration Act of 1979 (50
the export of unprocessed western cedar
Indemnity. Gra . 11d I I it)d [fy, defend with counsel acceptable to State, and hold
harmless State, its . iters, and agents from any and all liability, damages,
expenses, causes of7a� , claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nre ..soever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
indemnify State from State's sole or concurrent negligence. This indemnification shall
survive the expiration or termination of the Easement. Grantee waives its immunity under
Title 51 RCW and under RCW 36.75.300 to the extent required to indemnify State.
County Road Easement 2 of 12 Easement No. ((DNR -Easement -No))
41-MININOW-09""" -All
County Road Easement 3 of 12 Easement No. aDNR Easement No»
Formatted: Strikethrough
„aa st eea.. p. y withI'+1..,pw 49.15 RGW and Chapitei 284 15 W A G
, Formatted: Strikethrough
fiffAing IneAeffism '�
Commented [JT1] Removemgurgawreq+rnament
Perpetual easement for public roadway
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
ion
for 1, butw u baNc to be
I34&wne a worequld be suitable,
Easculent would 6t swtable, but would 6av a to be addressed
Area 'athet than rs• giar anti rondne € ead lnntrtenonce except as approved by State,
as a separate document
Grantee shall not deposit refuse, garbage, or other waste matter or use, store, generate,
Commented [JT21' Allowance for filling road shoulders..
process, transport, handle, release, or dispose of any hazardous substance, or other pollutants
potholts. wheel traps and other elements fol safe passage of
in or on the Easement Area except in accordance with all applicable laws.
navehng public
The term hazardous substance means any substance or material as those terms are now or are
Commented [JT3]- l believe thus eine s die county's
hereafter defined or regulated Under any federal, state, or local law including but not limited
application of seal COOL or mag chlonde as it may be a
the Comprehensive Environmental Response, Compensation and Liability Act CERCLA
Pr P , P h' [
hamato
thea dons substance, but we are applying m accord�lnce with
the applicable laws
Formatted: Font: Bold
County Road Easement 4 of 12 Easement No. HDNR_Easement_No»
42 USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or adjoining the Easement Area,
As responsible party, Grantee shall:
• Immediately notify all necessary emergency respon, iticies, as required under
federal, state and local laws, regulations, or police
• Following emergency response agency notifi Fy State (Dept. of Natural
Resources) of all spill releases and Grantee a s Vo ted for spill reporting and
actions planned or completed toward sr' nup_ Slate "nation requirements are
"same business day" notification for skate Work diigv- "next available
business day" notification for weeke a ho hays.
• At Grantees sole expense, conduct all iw ntx: lay u.itieat_ .,. Ppill release.
Mitigation response action- v include. c essarily limi(�w,#;.,� r, initial
release containment, folio •Icanup an horing actions, and continued
contact and coordination wit Inti S%a t: fined under the
aforementioned laws, regulatlo Lill 01is a ent.
• Other than Mwftco 1.1i01 +ani cy r 'lean rntainment actions; obtain
approvals i C sltc cl - • characterization
investigati(siHit dies. sit R and re mation sampling, and
groundwat+x ri
ng) Slur%ng)ducted on lands, in coordination with regulatory
a^ d Stu%
tan riMm substance spill release notification and
e m u i retl [,,r in a cc of conducting Grantee operations on
lartttk.
Survey MarV-
without
ant destroy any land survey corner monuments and/or
reference poi+: limited to corner markers, witness objects, or line markers)
without prior in State, which shall not be unreasonably withheld.
Monuments ohat must necessarily be disturbed or destroyed during road
construction oities must be adequately referenced and replaced, at the
Grantee's cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area riot associated with rU lar andlor routine roa4
msinte L , Grantee_shall submit a written plan of construction to State outlining the
construction or activity for State's approval, which shall not be unreasonably
County Road Easement 5 of 12 Easement No. «DNli Easement_Noo
Formatted: Font: Bold
Commented [JT41 Would shll contact DNR fot large
scale proleckK but not shoulder tcpatr. patchmg w clupse-al
operahoas
withheld. In the event of an emergency rewiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to county road standards,
Wet
any
tour
Nox
or sl
Grat
The
Noti
delis
to th
deem
whit
weeds on
Y with
nifotm
)nsible for,
F the
V be
)t requested,
otice will be
mailed,
Recording. Grantee sha!Wjrd this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Danger Tree Removal. Individual trees located within the danger tree zones outside of the
Easement Area and within the Easement Area which shall be dangerous to the operation and
County Road Easement 6 of 12 Easement No. •,11411
Formatted: Forte Bold
Commented CJT51 Possibly list exceptions for vllowable
work within load pit m that can be dom independendy
without price approval from DNR7
Formatted: Font: Bold
maintenance of the public road in the Easement Area, may be removed subject to the
following:
1. Grantee shall mark the trees.
2. Grantee shall,'_ _ .tall the trees and Nuri; trees within Formatted. Strikethrough
eascirivat area. Formatted: Font Bold, Not Strikethrough
3. Grantee shall notify DNR anti coordinate ht DNIJ 's z uno, al of trees from
essrment area. inti tbitbvr value wowriated with it;tzurd [ree remol Al will Formatted: Fant Bold
be for the txcluslvc botlsfit of 17'Vi{ .t ST { I};m +: . e faieif Formatted: Font: Bold
feques4 to remove the danger tfees amise and a map showing Formatted: Font: Bold
Commented[JT6], Ptopwe-drevisron Amh.rzandtrces
Ile identified will nmd to be removed irnmedurtaty, duc to
count} i1sk nmmgcmcnt practices
I -1-xORP"eW1H Formatted: Strikethrough
Formatted: Strikethrough
#a the event of im emei-geae� r-equ-M—fig- Formatted: Strikethrough
1V
fm�-L
3. r ..+ee .a,..tt ....+,ay gtatji1i %mm!km&g
ine4tideamapefiLieeFiF Mann-Q�days
l
Ht -Mari,
old 4914; ihe GFOPiWL— I MP
.AAW ....+t.... tiff.+.. (Af day-, ..7.'.-a.." ei the bluing
9@tiFtf}} J � Commented [JT71 All hawrd ace, removal wrtivn county
Riw ragouts rmmeftte action
Aba,ndonme_ the en-ent iortion of the road is abandoned, the Grantee shall take the Formatted: Strikethrough J
necessary legal, W upyt ich portions and shall immediately restore the land within
all vacated portion.. 4ditions as may be directed by State. In restoring the land,
all asphalt shall be r . -a the vacated portion; the asphalt shall not be deposited on
the adjacent State land. l. . ition, the land surface shall be scarified to blend with the
adjoining landscape.
#eneewplkweerState shall notify the Grantee of any instance of noncompliance by the Formatted: Strikethrough
Grantee, its contractors, subcontractots, invitees, agents, employees, licensees, or permittees
with any of the terms and conditions hereof Such notice will specifically identify the manner
of noncompliance herewith
In the event the Grantee does not undertake, of cause to be undertaken, remedial action within
County Road Easement 7 of 12 Easement No. aDNR Easement No�>
fifteen (15) days following receipt of said notice, k4e,
County Road Easement 8 of 12 Easement No. i<DNR_E3asement_Nou
Formatted: Strikethrough
Commented [JTS]- Remove tlus language for perpetual
public light of way document Lauguagc would be sortable
for construction easements but DNR shell not retain the
abilny to suspend public access through this right of way
Formatted: StHkethrough
Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined. A&
Exhibits. All exhibits referenced in this Easement
Headings. The headings in this Easement are fo
and shall not be construed to, limit, enlarge,
the meaning of any of its provisions.
Modification. Any modification of the Easom"
parties. State shall not be bound oral rL7�reS
Non -waiver. The waiver by State o r r
compliance with any term herein I7rl I hC
Seve
valic
as part of the Easement.
''� kencv iWi -id are not intended to,
tic scope or'R&L of this Easement nor
iting and s;jby the
tatements.
the i;~f State to require strict
w- tiny subsequent breach.
it shall not affect the
County Road Easement 9 of 12 Easement No. <(DNR_:EasenierA [?o))
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
Approved as to form
October 18, 2002
by Mike Rollinger
Assistant Attorney
for the State of Washington
BOARD OF COUNTY COMMISSIONERS
7MENT OF NATURAL RESOURCES
By:
"[Enter Rcgion/Division Manager's Name]"
[Title]
General
more than one line!
more than one line:
County Road Easement 10 of 12 Easement No. oDNR EaaPmcnt_ Nou
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of
I certify that I know or have satisfactory evidence that are
the individuals who appeared before me, and said indik
dged that they signed
this instrument, on oath stated that they were authorinstrument and
acknowledged it as the County CommissionersCounty to be the
free and voluntary act of such party for the u �w1 in the instrument.
Dated:
(Seal or stamp)
10)
expires
the State of Washington,
County Road Easement 11 of 12 Easement No. 44DNR_Easement_'21o;s
STATE ACKNOWLEDGMENT
State of Washington
County of [county]
I certify that I know or have satisfactory evidence that [NAMFI.0 the person who appeared
before me, and said person acknowledged that he/she si, s instrument, on oath stated
that he/she was authorized to execute the instrument ; +wledged it as the [TITLE] of
the Department of Natural Resources of the State of in o be the free and voluntary
act of such party for the uses and purposes it
irk Elie BMs mt.
Dated:
(Seal or stamp)
I Pri rFl
for the State of Washington,
County Road Easement 12 of 12 Easement No. 4(DNR_-:asement 1,To:>
EXHIBIT No
TIMBER CUT AUTHORIZATION
Grantee is authorized to cut and remove timber as necessary to construct or reconstruct a road
within the Easement Area as follows:
County Road Easement 13 of 12 Easement No. «DNR_Easement_No»
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 12, 2021
TOPIC: Interlocal Agreement with Grant PUD
ACTION REQUESTED: Direct staff prepare enabling documents
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct staff prepare enabling documents extending the current interlocal agreement with
Grant PUD to August 22, 2022.
BRIEFING SUMMARY:
• The current Vantage Boat Ramp interlocal agreement with Grant PUD ends on
August 22, 2021.
• Grant PUD and the County desire extending the interlocal agreement one year to
August 22, 2022.
• The time extension allows completion of two key items: restroom ownership
transfer and construction of additional gravel parking supporting boat ramp
operations.
BACKGROUND:
Kittitas County Public Works currently owns and operates a flush toilet restroom facility
on Grant PUD project land (Federal Energy Regulatory Commission) at the Vantage Boat
Ramp. The restroom location requires a land -use agreement by both parties (GPUD
Freeboard Permit No. 38). This agreement is in place through December 31, 2030. The
current interlocal agreement for shared operations and maintenance of the facility expires
August 22, 2021. Grant PUD and Public Works desire determining the feasibility of
transferring restroom ownership and operations and maintenance to Grant and
construction of overflow gravel parking at the boat ramp by the County
DISCUSSION:
The proposed actions transferring ownership and operations and maintenance of the
restroom facility, and constructing additional parking are both beneficial to
recreationalists. Details supporting both actions will likely take time to finalize that will
extend beyond August 22, 2021. Extending the current interlocal one year allows
sufficient time to determine the feasibility of the two actions. If the two actions prove
feasible, and Grant and PW agree finalization of the two actions is imminent, a new
interlocal will be presented to decision makers for consideration.
Page 1 of 3
Public Works "Work Session Staff Report", 2021
FISCAL IMPACTS:
Design, permitting and construction of overflow gravel parking is currently estimated at
being $120,000 (Exhibit 1 is a cartoon of depicting proposed parking area).
ATTACHMENTS:
Exhibit 1: Cartoon depicting anticipated gravel overflow parking area.
Page 2 of 3
Public Works "Work Session Staff Report", 2021
EXHIBIT 1: CARTOON DEPICTING ANTICIPATED GRAVEL OVERFLOW
PARKING AREA
Page 3 of 3
Public Works "Work Session Staff Report", 2021
_ \-610
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620
N
PELMIT
for
USE OF RESERVOIR FREEBOARD AREA
Permit No. 38 Granted to _ Kittitas County
Date Granted _ Address Ellensburg, Washington 98926
WanaiDurn RESERVOIR
Kittitas County is hereby granted permission to use the area described as
BAMbit "A" attached 'hereto for recreational purposes and to place the facilities designated on Exhibit "B" attached hereto on
said lands.
That Portion ox the h'W'�-,WM.t Section 29, Township 17 Horth, Range 23 E.W.M. ,
Kittitas Country launching ramp. ,and parking area.
Permittee, by acceptin; this permit, agrees to abide by Rules Governing Public Use o: Reservoir Arias attached hereto and made
a par, hereof and to toe following specific conditions:
1. AD use of the described lands and maintenance of facilities (whether listed herein or not) shall be at the sole risk of the
Permittee and the District assumes no responsibility for loss or damage with respect thereto regardless of cause, and the
Pe.,..inee agrees to save the Disuic: harmless frorr cost or expense arising from loss or da:..age arising out of Permittae's
use of the lands or maisttenance of facilities.
2. The use o: the subject la...:; nor maintenance and operation of Permiluee's facilities shall not interfere !n -any way with the
District's operatic. of the Pries: Rapids and Wanspum developments, and the District reserves the right to ope:ate such
developmeras and the reservaju u it determines proper without regard to Pazmittee's use o; tine subject land or maintenance
of Perz—Auee's fatalities, anal w:taout advance notice of operations which may affect the lands or facilities.
S. This permit conveys no exclusive privilege to any land or wale: area. No attempt will be made by Permiree to exclude
the public from any area nor will any struerur4 be maintained which, is designed to effect such exclusion.
4. No facilities ar stnmctures stall be malatained on the subject lands except as specifically set fort: in the permit. Anv
permitted facilities or structures shall be constantly maintained in good repair and condition by ?armittea. Permittee
agrees to forthwith move any structure or facility, at his cost, upon written request of the District, or forenwith.to remove
same from the lands or reservoir, at his cost, upon written request of the District.
5. Permittee shall maintain the subject lauds in a neat and tidy condition, free of debris and rubbis's.. Disposal of refuse,
garbage, rubbish or waste of Any Riad shall be by removal, burning, burying or as otherwise directed by the District. No
debris, rubbish. waste or garbage shall be cast into the water.
6. The facilities permitted herein shall be clearly marked with rhe number of this permit and the facilities and subject bads
shall be subject to inspection by the Disz:ict.
7. • The Permittee agrees to maintain the faciLties in a safe condition, to observe all state and local regulations pertaining to
health and sanitation, and to abide by the Rules Governing Public Use of Reservoir Area as adopted by the Commission of
the District and as hereafter amended.
NOT E: The Columbia River is a navigable stream and this permit does not purport to grant any rights which must be granted
by either the $tate of Washington or the United States of America,..
Petmirtee
PL'oLIG L
�DfSTRICTNO.2 OFGRANTCaUNTY
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Section 29
Twp. 371
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ELEVATION
SCALE 11.720'
10.3=0"
Sr,4.13-o-70.10 -A
CONCRETE BOAT RAMP SLAB -2, /of
PLAN LA
SCALP 111-.20'
r -WINE MESH REIN-PORCINC
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SECTION A -A
SCALE 1,2* -0"
KITTITAS COUNTY
ROAD DEPARTMENT
1 BOAT RAMP DETAIL
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PERMIT FOR USE OF RESERVOIR FREEBOARD AREA
AMENDMENT N0. 1 PERMIT NO. 38
1. The District agrees that Permit No. 38 shall not be revoked or can-
celled during the remaining term of the District's FERC license, which
expires November 1, 2005, and will extend said permit subject to
renewal of the FERC license to a minimum term of December 31, 2010.
The only exception to revocation or cancellation shall be if the
Permittee fails to abide by terms and conditions contained in the
permit.
2. Kittitas County is hereby granted permission to use the area described
as Exhibit "A Revised" attached hereto to recreational purposes and to
place the facilities designated on Exhibit "B Revised" attached hereto
on said lands.
3. The District agrees that except for the exercise of its management
activities as provided in Item 2 above, that no other permit will be
approved for the use of the property described in Permit No. 38,
during the life of the permit and that the rights of the Permittee to
operate in that respect are exclusive.
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EXHIBIT "A" REVISED
Permit No. 38, Amendment No. I
Section: 29
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County: Kittitas
Development: Wanapum
Permittee: Kitti.tas County
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ADDITIONAL PERMIT TERMS AND CONDITIONS
FOR
USE OF RESERVOIR FREEBOARD AREA
Permit No. 38 Granted to Kittitas County.
Address: 205 West 5 h, Rm. 198, Ellensburg, WA 98926.
VANTAGEPARK
The following provisions are hereby added and made a part of permit No. 38.
(1) Permittee may commenceeertain improvements at Vantage Park on the reservoir
of the Wanapum development located,at the site shown0°1 old aresW Exhibit
es and
facilities contemplated will incluse removal o the requirements of the
construction of new restroom facilities that comply or aired, a lift pump and
Americans with Disabilities Act, and, as may be necessary required,
equalization tank and associated .fresh water and waste water pipes. The restroom
facilities shall discharge waste water into the Vantage Wastewater Treatment Plant
operated by the Mtas County Water District No. 6.
(2)All work and improvements shad be performed and maintained in accordance
with the FERC Lscense and FERC policies applicable to Project No. 2114, now existing
or hereafter amended. The Kittitas County Water District No. 6 will also approve the
design and construction of the improvements which discharge into its treatment and
collection system.
(3) All work shall be performed in the general location as shown in the attached
diagram of the proposed improvements, and specifically more than 204 feet from the
ordinary high water line of the Columbia River. Kittitas County shall submit
construction drawings and a survey depicting the location of all improvements for
District approval prior to the start of work under this permit. No modifications outside the
area indicated for construction in the drawings will be permitted thereafter without the
District's written consent.
(4) Prior to construction, Kittitas County shall comply with the requirements of the
Washington State Environmental Policy Act, Chapter 43.21 RCW and applicable
regulations and incorporate requirements suggested by resource agencies at its sole cost
and expense.
(5) Public Utility District No. 2 of Grant County agrees that Permit No. 38 may not
be revoked or cancelled during the remaining term of Public Utility District No. 2 of
Grant County's FERC license, which expires November 1, 2045, and will extend said
permit to a minimum teras o ecember bject to renewal of the FERC license
in favor of PUD No. 2 of Gran ' on. The only exception to revocation or
cancellation shall be if the Permittee fails to abide by the terms and conditions contained
in the permit.
(G) Permittee shall maintain the improvements in a safe condition and good repair and
comply with all applicable state, federal, and local regulations. No other improvements
other than replacements as may be necessary for proper maintenances shall be permitted
without the District's written consent, and public use and access shall not be restricted.
(7) All other terms and conditions of the existing Permit No. 3 8 not inconsistent
herewith shall remain in effect and unchanged and are incorporated herein by this
reference.
(S) These additional terms shall supercede any inconsistent terms in the existing
Permit but shall be void and no further effect if the improvements are not constructed by
September 1, 2001.
Effective this 11 th day of July, 2000
'T"fITAS COUNTY
Accepted by:
e4#.0AA,4 A YUJ6� -- - —
Commis on Chair
Commission Vice Chair
"ABSENT'
Commissioner
PUBLIC UTILITY DISTRICT NO.2 OF GRANT COUNTY
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Sheryl Dgkson, Lands Specialist 11
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: July 12, 2021
TOPIC: REET 2
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Direct staff prepare enabling documents for Board consideration.
BRIEFING SUMMARY:
• The Prosecuting Attorney's (PA) Office has confirmed that the County can adopt
REET 2 as a councilmatic action.
• REET 2 can be used to finance County capital facility projects.
• Public Works (PW) is ready to prepare a capital facility plan supporting
recreation/tourism implementation.
• Defining a sustainable funding source allows PW to develop the
recreation/tourism 2022 capital facility budget.
BACKGROUND:
Several months ago, the PA affirmed that implementing REET 2 can be done by the
Board on consent agenda. The recently adopted 2021 Kittitas County Recreation and
Tourism Plan contains numerous recommendations for implementation. Projects
identified within an adopted County capital facility plan may be funded by REET 2
revenue.
DISCUSSION:
Recently, the PA's office confirmed that REET 2 cannot be conditioned at some
transaction threshold. Implementation of the tax is a yes or no decision. The Treasures'
Office estimates potential annual revenue at approximately one million dollars (EXHIBIT
1). PW is prepared to develop a capital facility plan and budget for 2022 consideration.
Staff desires knowing the Board's pleasure regarding REET 2 — schedule a public hearing
or prepare enabling documents for Board consideration on July 20'', 2021.
FISCAL IMPACTS:
Supplemental revenues, upon REET 2 adoption, will be available supporting capital
facility plan implementation.
ATTACHMENTS:
Exhibit 1: PW Memorandum dated 02/02/2021
Page 1 of 2
Public Works "Work Session Staff Report", 2021
EXHIBIT 1: PW MEMORANDUM DATED 02/02/2021
Page 2 of 2
Public Works "Work Session Staff Report", 2021
i Y
AS COUNTY
HXWWXgrAS CO
DEPARTMENT OF PUBLIC WORKS
TO: Board of County Commissioners
COPY: Ms. Amy Czlske, Treasurer
Ms. Nicole Ogan, Environmental/Transportation Planner
DATE: February 02, 2021
FROM: Mark R. Cook, Director
RE: REET 2
The following summarizes my understanding of imposing REST 2 in Kittitas County.
The County qualifies for REET 2 as a GMA county with a population growth rate
exceeding twenty (20) percent in a ten-year period (1990-2000); and a fifty-seven (57)
percent increase in population over the past 29 years.
• RCW 36.70A.040 stipulates mandatory GMA planning even though the County
voluntarily elected to plan under GMA originally (PA request is pending). REET 2 may
then be implemented by the Board without an election.
2019 REET 1 generated $1.1 million in revenue — REET 2 would double the revenue.
Revenues generated by the tax may be used solely for financing capital projects
specified within an adopted capital facilities plan.
RCW 82.46.015 authorizes limited use of REET 2 revenues for maintenance activities
with the imposition of mandatory reporting requirements. Further discussion is provided
at RCW 82.46.037.
Public Works identifies use of REET 2 within the 20 -year Transportation Plan's financial section
as a means of funding the deferred maintenance of $100 million in road and bridge
improvements.
REET 2 appears to be a valid financing strategy for recreational capital improvements that
reside in the County's Capital Facility Plan and, under certain conditions, be available for use in
ongoing recreational maintenance activities.
Attachment:
RCW 82.46
REET 2 Exert from MRSC Funding Guide for Counties
411 N. Ruby, Suite #1 TEL (509) 962-7523
Ellensburg, WA 98926 FAX (509) 962-7663
Chapter 82.46 RCW: COLTNITIES AND CITIES—EXCISE TAX ON REAL ESTATE S... Page 1 of 12
Chapter fisting I RCW Dispositions
Chapter 82.46 RCW
COUNTIES AND CITIES—EXCISE TAX ON REAL ESTATE SALES
Sections
82.46.010 Tax on sale of real property authorized—Proceeds dedicated to local capital
projects—Additional tax authorized—Maximum rates.
82.46.015 Maintenance of capital projects—Use of tax funds.
82.46.021 Referendum procedure to repeal or alter tax.
82.46.030 Distribution of proceeds.
82.46.035 Additional tax—Certain counties and cities—Ballot proposition --Use limited to
capital projects—Temporary rescindment for noncompliance.
82.46.037 Maintenance of capital projects—Use of additional tax funds.
82.46.040 Tax is lien on property—Enforcement.
82.46.050 Tax is seller's obligation—Choice of remedies.
82.46.060 Payment of tax—Evidence of payment—Recording.
82.46.070 Additional excise tax—Acquisition and maintenance of conservation areas.
82.46.075 Additional excise tax—Affordable housing.
82.46.080 Notice to county treasurer.
82.46.900 Chapter 82.46 RCW ordinances in effect on July 1, 1993—Application under
chapter 82.45 RCW.
RCW 82.46.010
Tax on sale of real property authorized—Proceeds dedicated to local
capital projects—Additional tax authorized—Maximum rates.
(1) The legislative authority of any county or city must identify in the adopted budget
the capital projects funded in whole or in part from the proceeds of the tax authorized in this
section, and must indicate that such tax is intended to be in addition to other funds that may
be reasonably available for such capital projects.
(2)(a) The legislative authority of any county or any city may impose an excise tax on
each sale of real property in the unincorporated areas of the county for the county tax and in
the corporate limits of the city for the city tax at a rate not exceeding one-quarter of one
percent of the selling price. The revenues from this tax must be used by any city or county
with a population of five thousand or less and any city or county that does not plan under
RCW 36.70A.040 for any capital purpose identified in a capital improvements plan and local
capital improvements, including those listed in RCW 35.43.040.
(b) After April 30, 1992, revenues generated from the tax imposed under this
subsection (2) in counties over five thousand population and cities over five thousand
population that are required or choose to plan under RCW 36.70A.040 must be used solely for
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Chapter 82.46 RCW: COUNTIES AND CITIES—EXCISE TAX ON REAL ESTATE S... Page 2 of 12
financing capital projects specified in a capital facilities plan element of a comprehensive plan
and housing relocation assistance under RCW 59.18.440 and 59.18.450. However, revenues
(i) pledged by such counties and cities to debt retirement prior to April 30, 1992, may continue
to be used for that purpose until the original debt for which the revenues were pledged is
retired, or (ii) committed prior to April 30, 1992, by such counties or cities to a project may
continue to be used for that purpose until the project is completed.
(3) In lieu of imposing the tax authorized in RCW 82.14.030(2), the legislative authority
of any county or any city may impose an additional excise tax on each sale of read property in
the unincorporated areas of the county for the county tax and in the corporate limits of the city
for the city tax at a rate not exceeding one-half of one percent of the selling price.
(4) Taxes imposed under this section must be collected from persons who are taxable
by the state under chapter 82.45 RCW upon the occurrence of any taxable event within the
unincorporated areas of the county or within the corporate limits of the city, as the case may
be.
(5) Taxes imposed under this section must comply with all applicable rules,
regulations, laws, and court decisions regarding real estate excise taxes as imposed by the
state under chapter 82.45 RCW.
(6) The definitions in this subsection (6) apply throughout this section unless the
context clearly requires otherwise.
(a) "City" means any city or town.
(b) "Capital project" means those public works projects of a local government for
planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or
improvement of streets; roads; highways; sidewalks; street and road lighting systems; traffic
signals; bridges; domestic water systems; storm and sanitary sewer systems; parks;
recreational facilities; law enforcement facilities; fire protection facilities; trails; libraries;
administrative facilities; judicial facilities; river flood control projects; waterway flood control
projects by those jurisdictions that, prior to June 11, 1992, have expended funds derived from
the tax authorized by this section for such purposes; until December 31, 1995, housing
projects for those jurisdictions that, prior to June 11, 1992, have expended or committed to
expend funds derived from the tax authorized by this section or the tax authorized by RCW
82.46.035 for such purposes; and technology infrastructure that is integral to the capital
project.
(7) From July 22, 2011, until December 31, 2016, a city or county may use the greater
of one hundred thousand dollars or thirty-five percent of available funds under this section, but
not to exceed one million dollars per year, for the operations and maintenance of existing
capital projects as defined in subsection (6) of this section.
[ 2016 2nd sp.s. c 10 § 1; 2014 c 44 § 1; 2011 c364§ 1�;1994c272§1;1992c221§1;
1990 1st ex.s. c 17 § 36; 1982 1st ex.s. c 49 § 1 11]
NOTES:
Legislative declaration -1994 c 272: " i he €egisiature aeciares that, in section 13,
chapter 49, Laws of 1982 1st ex. sess., effective July 1, 1982, its original intent in limiting the
use of the proceeds of the tax authorized in RCW 82.46.010(2) to "local capital improvements"
was to include in such expenditures the acquisition of real and personal property associated
with such local capital improvements. Any such expenditures made by cities, towns, and
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Chapter 82.46 RCW: COUNTIES AND CITIES—EXCISE TAX ONT REAL ESTATE 5... Page 3 of 12
counties on or after July 1, 1982, are hereby declared to be authorized and valid." [ 1994 c
272 § 2.]
Expenditures prior to June 11, 1992: "Ail expenditures of revenues collected
under RCW 82.46.010 made prior to .lune 11, 1992, are deemed to be in compliance with
RCW 82.46.010." [ 1992 c 221 § 4.]
Severability—Part, section headings not lav -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
Intent—Construction—Effective date—Fire district funding -19821st ex.s. c
49: See notes following RCW 35.21.710.
RCW 82.46.015
Maintenance of capital projects—Use of tax funds.
(1) A city or county that meets the requirements of subsection (2) of this section may
use the greater of one hundred thousand dollars or twenty-five percent of available funds, but
not to exceed one million dollars per year, from revenues collected under RCW 82.46.010 for
the maintenance of capital projects, as defined in RCW 82.46.010(6)(b).
(2) A city or county may use revenues pursuant to subsection (1) of this section if:
(a) The city or county prepares a written report demonstrating that it has or will have
adequate funding from all sources of public funding to pay for all capital projects, as defined in
RCW 82.46.010, identified in its capital facilities plan for the succeeding two-year period.
Cities or counties not required to prepare a capital facilities plan may satisfy this provision by
using a document that, at a minimum, identifies capital project needs and available public
funding sources for the succeeding two-year period; and
(b)(i) The city or county has not enacted, after June 9, 2016: Any requirement on the
listing or sale of real property; or any requirement on landlords, at the time of executing a
lease, to perform or provide physical improvements or modifications to real property or
fixtures, except if necessary to address an immediate threat to health or safety; or
(ii) Any local requirement adopted by the city or county under (b)(i) of this subsection
is: Specifically authorized by RCW 35.80.030, 35A.11.020, chapter 7.48 RCW, or chapter
19.27 RCW; specifically authorized by other state or federal law; or a seller or landlord
disclosure requirement pursuant to RCW 64.06.080.
(3) The report prepared under subsection (2)(a) of this section must: (a) Include
information necessary to determine compliance with the requirements of subsection (2)(a) of
this section; (b) identify how revenues collected under RCW 82.46.010 were used by the city
or county during the prior two-year period; (c) identify how funds authorized under subsection
(1) of this section will be used during the succeeding two-year period; and (d) identify what
percentage of funding for capital projects within the city or county is attributable to revenues
under RCW 82.46.010 compared to all other sources of capital project funding. The city or
county must prepare and adopt the report as part of its regular, public budget process.
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Chapter 82.46 RCW: COUNTIES AND CITIES—EXCISE TAX ON REAL ESTATE S... Page 4 of 12
(4) The authority to use funds as authorized in this section is in addition to the authority
to use funds pursuant to RCW 82.46.010(7), which remains in effect through December 31,
2016.
(5) For purposes of this section, "maintenance" means the use of funds for labor and
materials that will preserve, prevent the decline of, or extend the useful life of a capital project.
"Maintenance" does not include labor or material costs for routine operations of a capital
project.
[ 2016:-- 138 § 3; 2015 2nd sp.s. c 10 § 2.]
RCW 82.46.021
Referendum procedure to repeal or alter tax.
Any referendum petition to repeal a county or city ordinance imposing a tax or altering
the rate of the tax authorized under RCW 82.46.010(3) shall be filed with a filing officer, as
identified in the ordinance, within seven days of passage of the ordinance. Within ten days,
the filing officer shall confer with the petitioner concerning form and style of the petition, issue
an identification number for the petition, and write a ballot title for the measure. The ballot title
shall be posed as a question so that an affirmative answer to the question and an affirmative
vote on the measure results in the tax or tax rate increase being imposed and a negative
answer to the question and a negative vote on the measure results in the tax or tax rate
increase not being imposed. The petitioner shall be notified of the identification number and
ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in which to secure on petition
forms the signatures of not less than fifteen percent of the registered voters of the county for
county measures, or not less than fifteen percent of the registered voters of the city for city
measures, and to file the signed petitions with the filing officer. Each petition form shall contain
the ballot title and the full text of the measure to be referred. The filing officer shall verify the
sufficiency of the signatures on the petitions. If sufficient valid signatures are properly
submitted, the filing officer shall submit the referendum measure to the county or city voters at
a general or special election held on one of the dates provided in RCW 29A.04.321 as
determined by the county legislative authority or city council, which election shall not take
place later than one hundred twenty days after the signed petition has been filed with the fling
officer.
After April 22, 1983, the referendum procedure provided for in this section shall be the
exclusive method for subjecting any county or city ordinance imposing a tax or increasing the
rate under RCW 82.46.010(3) to a referendum vote.
Any county or city tax authorized under RCW 82.46.010(3) that has been imposed
prior to April 22, 1983, is not subject to the referendum procedure provided for in this section.
[2015c63§98; 2000c103§16; 1983c99§3.]
RCW 82.46.030
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Chapter 82.46 RCW: COUNTIES AND CITIES—EXCISE TAX ON REAL ESTATE S... Page 5 of 12
Distribution of proceeds.
(1) The county treasurer shall place one percent of the proceeds of the taxes imposed
under this chapter in the county current expense fund to defray costs of collection.
(2) The remaining proceeds from the county tax under RCW 82.46.010(2) shall be
placed in a county capital improvements fund. The remaining proceeds from city or town taxes
under RCW 82.46.010(2) shall be distributed to the respective cities and towns monthly and
placed by the city treasurer in a municipal capital improvements fund.
(3) This section does not limit the existing authority of any city, town, or county to
impose special assessments on property specially benefited thereby in the manner prescribed
by law.
[ 2000 c 103 § 17; 1992 c 221 § 2; 1990 1st ex.s. c 17 § 37; 1982 1st ex.s. c 49 § 13.]
NOTES:
Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
Intent—Construction—Effective date—Fire district funding --1982 1st ex.s. c
49: See notes following RCW 36.21.710.
RCW 82.46.035
Additional tax—Certain counties and cities ----Ballot proposition—Use
limited to capital projects—Temporary rescindment for noncompliance.
(1) The legislative authority of any county or city must identify in the adopted budget
the capital projects funded in whole or in part from the proceeds of the tax authorized in this
section, and must indicate that such tax is intended to be in addition to other funds that may
be reasonably available for such capital projects.
(2) The legislative authority of any county or any city that plans under RCW
36.70A.040(1) may impose an additional excise tax on each sale of real property in the
unincorporated areas of the county for the county tax and in the corporate limits of the city for
the city tax at a rate not exceeding one-quarter of one percent of the selling price. Any county
choosing to plan under RCW 36.70A.040(2) and any city within such a county may only adopt
an ordinance imposing the excise tax authorized by this section if the ordinance is first
authorized by a proposition approved by a majority of the voters of the taxing district voting on
the proposition at a general election held within the district or at a special election within the
taxing district called by the district for the purpose of submitting such proposition to the voters.
(3) Revenues generated from the tax imposed under subsection (2) of this section
must be used by such counties and cities solely for financing capital projects specified in a
capital facilities plan element of a comprehensive plan. However, revenues (a) pledged by
such counties and cities to debt retirement prior to March 1, 1992, may continue to be used for
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Chapter 82.46 RCW: COUNTIES AIITD CITIES—EXCISE TAX ON REAL ESTATE S... Page 6 of 12
that purpose until the original debt for which the revenues were pledged is retired, or (b)
committed prior to March 1, 1992, by such counties or cities to a project may continue to be
used for that purpose until the project is completed.
(4) Revenues generated by the tax imposed by this section must be deposited in a
separate account.
(5) As used in this section, "city" means any city or town and "capital project" means
those public works projects of a local government for:
(a) Planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, or improvement of streets, roads, highways, sidewalks, street and road lighting
systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems;
(b) Planning, construction, reconstruction, repair, rehabilitation, or improvement of
parks; and
(c) Until January 1, 2026, planning, acquisition, construction, reconstruction, repair,
replacement, rehabilitation, or improvement of facilities for those experiencing homelessness
and affordable housing projects.
(6) A county or city may use the greater of one hundred thousand dollars or twenty-five
percent of available funds, but not to exceed one million dollars, for capital projects as defined
in subsection (5)(c) of this section. The limits in this subsection do not apply to any county or
city that used revenue under this section for the acquisition, construction, improvement, or
rehabilitation of facilities to provide housing for the homeless prior to June 30, 2019.
(7) A county or city using funds for uses in subsection (5)(c) of this section must
document in its plan under RCW 36.70A.070(3) that it has funds during the next two years for
capital projects in subsection (5)(a) of this section.
(8) When the governor files a notice of noncompliance under RCW 36.70A.340 with
the secretary of state and the appropriate county or city, the county or city's authority to
impose the additional excise tax under this section is temporarily rescinded until the governor
files a subsequent notice rescinding the notice of noncompliance.
[ 2019 c 73 § 2; 2011 c 354 § 3; (2011 c 354 § 2 expired June 30, 2012); (2009 c 211 § 1
expired June 30, 2012). Prior: 1992 c 221 § 3; 1991 sp.s. c 32 § 33; 19901st ex.s. c 17
38.]
NOTES:
Effective date --2011 c 354 § 3: "Section 3 of this act takes effect June 30,
2012." [ 2011 c 364 § 5.]
Expiration date -2011 c 354 § 2: "Section 2 of this act expires June 30,
2012." [ 2011 c 364 § 4.]
Expiration date -2009 c 211: "This act expires June 30, 2012." [ 2009 c 211 § 2.]
Sections headings not law -1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
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RCW 82.46.037
Maintenance of capital projects—Use of additional tax funds.
(1) A city or county that meets the requirements of subsection (2) of this section may
use the greater of one hundred thousand dollars or twenty-five percent of available funds, but
not to exceed one million dollars per year, from revenues collected under RCW 82.46.035 for:
(a) The maintenance of capital projects, as defined in RCW 82.46.035(5); and
(b) The planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, improvement, or maintenance of capital projects as defined in RCW 82.46.010
(6)(b) that are not also included within the definition of capital projects in RCW 82.46.035(5).
(2) A city or county may use revenues pursuant to subsection (1) of this section if:
(a) The city or county prepares a written report demonstrating that it has or will have
adequate funding from all sources of public funding to pay for all capital projects, as defined in
RCW 82.46.035(5), identified in its capital facilities plan for the succeeding two-year period;
and
(b)(i) The city or county has not enacted, after June 9, 2016, any requirement on the
listing or sale of real property; or any requirement on landlords, at the time of executing a
lease, to perform or provide physical improvements or modifications to real property or
fixtures, except if necessary to address an immediate threat to health or safety;
(ii) Any local requirement adopted by the city or county under (b)(i) of this subsection
is: Specifically authorized by RCW 35.80.030, 35A.11.020, chapter 7.48 RCW, or chapter
19.27 RCW; specifically authorized by other state or federal law; or a seller or landlord
disclosure requirement pursuant to RCW 64.06.080; or
(iii) For a city or county using funds under subsection (1)(b) of this section, the
requirements of this subsection apply, except that the date for such enactment under (b)(i) of
this subsection is ninety days after October 19, 2017.
(3) The report prepared under subsection (2)(a) of this section must: (a) Include
information necessary to determine compliance with the requirements of subsection (2)(a) of
this section; (b) identify how revenues collected under RCW 82.46.035 were used by the city
or county during the prior two-year period; (c) identify how funds authorized under subsection
(1) of this section will be used during the succeeding two-year period; and (d) identify what
percentage of funding for capital projects within the city or county is attributable to revenues
under RCW 82.46.035 compared to all other sources of capital project funding. The city or
county must prepare and adopt the report as part of its regular, public budget process.
(4) For purposes of this section, "maintenance" means the use of funds for labor and
materials that will preserve, prevent the decline of, or extend the useful life of a capital project.
"Maintenance" does not include labor or material costs for routine operations of a capital
project.
[2019c73§3; 20173rd sp.s.c16§6;2016c138§4;20162nd sp.s.c10§3.]
RCW 82.46.040
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Tax is lien on property—Enforcement.
Any tax imposed under this chapter or RCW 82.46.070 and any interest or penalties
thereon is a specific lien upon each piece of real {property sold from the time of sale until the
tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of
mortgages.
[ 1990 1st ex.s. c 17 § 39; 1990 1st ex.s. c 5 § 4; 1982 1st ex.s. c 49 § 14.]
NOTES:
Reviser's note: This section was amended by 1990 1st ex.s. c 5 § 4 and by 1990
c 17 § 39, each without reference to the other. Both amendments are incorporated in the
publication of this section under RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
Purpose -1990 1st ex.s. c 5: See note following RCW 36.32.570.
Intent—Construction—Effective date—Fire district funding -1982 1st ex.s. c
49: See notes following RCW 35.21.710.
RCW 82.46.050
Tax is seller's obligation—Choice of remedies.
The taxes levied under this chapter are the obligation of the seller and may be
enforced through an action of debt against the seller or in the manner prescribed for the
foreclosure of mortgages. Resort to one course of enforcement is not an election not to
pursue the other.
[ 1990 1st ex.s. c 17 § 40; 1982 1st ex.s. c 49 § 15.]
NOTES:
Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
Intent—Construction—Effective date --Fire district funding -1982 1st ex.s. c
49: See notes following RCW 35.21.710-
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RCW 82.46.060
Payment of tax—Evidence of payment—Recording.
Any taxes imposed under this chapter or RCW 82.46.070 shall be paid to and
collected by the treasurer of the county within which is located the real property which was
sold. The treasurer shall act as agent for any city within the county imposing the tax. The
county treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the
instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit
in the case of used mobile home sales. A receipt issued by the county treasurer for the
payment of the tax imposed under this chapter or RCW 82.46.070 shall be evidence of the
satisfaction of the lien imposed in RCW 82.46.040 and may be recorded in the manner
prescribed for recording satisfactions of mortgages. No instrument of sale or conveyance
evidencing a sale subject to the tax may be accepted by the county auditor for filing or
recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the
transfer, the instrument shall not be accepted until suitable notation of this fact is made on the
instrument by the treasurer.
[ 1990 1st ex.s. c 17 § 41; 1990 1st ex.s. c 5 § 5; 1982 1st ex.s. c 49 § 16.]
NOTES:
Reviser's note: This section was amended by 1990 1st ex.s. c 5 § 5 and by 1990
1st ex.s. c 17 § 41, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW
1.12.026(1).
Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW
36.70A.900 and 36.70A.901.
Purpose -1990 1st ex.s. c 6: See note following RCW 36.32.570.
Intent—Construction--Effective date—l=ire district funding -1982 1st ex.s. c
49: See notes following RCW 36.21.710.
RCW 82.46.070
Additional excise tax—Acquisition and maintenance of conservation
areas.
(1) Subject to subsection (2) of this section, the legislative authority of any county may
impose an additional excise tax on each sale of real property in the county at a rate not to
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exceed one percent of the selling price. The proceeds of the tax shall be used exclusively for
the acquisition and maintenance of conservation areas.
The taxes imposed under this subsection shall be imposed in the same manner and on
the same occurrences, and are subject to the same conditions, as the taxes under chapter
82.45 RCW, except:
(a) The tax shall be the obligation of the purchaser; and
(b) The tax does not apply to the acquisition of conservation areas by the county.
The county may enforce the obligation through an action of debt against the purchaser
or may foreclose the lien on the property in the same manner prescribed for the foreclosure of
mortgages.
The tax shall take effect thirty days after the election at which the taxes are authorized.
(2) No tax may be imposed under subsection (1) of this section unless approved by a
majority of the voters of the county voting thereon for a specified period and maximum rate
after:
(a) The adoption of a resolution by the county legislative authority of the county
proposing this action; or
(b) The filing of a petition proposing this action with the county auditor, which petition is
signed by county voters at least equal in number to ten percent of the total number of voters in
the county who voted at the last preceding general election.
The ballot proposition shall be submitted to the voters of the county at the next general
election occurring at least sixty days after a petition is filed, or at any special election prior to
this general election that has been called for such purpose by the county legislative authority.
(3) A plan for the expenditure of the excise tax proceeds shall be prepared by the
county legislative authority at least sixty days before the election if the proposal is initiated by
resolution of the county legislative authority, or within six months after the tax has been
authorized by the voters if the proposal is initiated by petition. Prior to the adoption of this
plan, the elected officials of cities located within the county shall be consulted and a public
hearing shall be held to obtain public input. The proceeds of this excise tax must be expended
in conformance with this plan.
(4) As used in this section, "conservation area" has the meaning given under RCW
36.32.570.
[ 1990 1st ex.s. c 5 § 3.]
NOTES:
Purpose -1990 1st ex.s. c 5: See note following RCW 36.32.570.
RCW 82.46.075
Additional excise tax—Affordable housing.
(1) Subject to subsections (4) and (5) of this section, the legislative authority of any
county may impose an additional excise tax on the purchase and sale of real property in the
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county at the rate of one-half of one percent of the selling price. The proceeds of the tax shall
be used exclusively for the development of affordable housing including acquisition, building,
rehabilitation, and maintenance and operation of housing for very low, low, and moderate -
income persons and those with special needs.
(2) Revenues generated from the tax imposed under this section shall be placed in an
affordable housing account administered by the county. Disbursements from the account shall
be made following a competitive grant and loan process. The county legislative authority shall
determine a mechanism for receiving grant and loan applications, and criteria by which the
applications shall be approved and funded. Eligible recipients of grants and loans from the
account shall be private nonprofit, affordable housing providers, the housing authority for the
county, or other housing programs conducted or funded by a public agency, or by a public
agency in partnership with a private nonprofit entity.
(3) The taxes imposed under this section shall be imposed in the same manner and on
the same occurrences, and are subject to the same conditions, as the taxes under chapter
82.45 RCW, except that the tax shall be the obligation of both the purchaser and the seller, as
determined by the county legislative authority, with at least one-half of the obligation being
that of the purchaser. The county may enforce the obligation through an action of debt against
the purchaser or seller or may foreclose the lien on the property in the same manner
prescribed for the foreclosure of mortgages. The imposition of the tax is effective thirty days
after the election at which the tax is authorized.
(4)(a) No tax may be imposed under this section unless approved by a majority of the
voters of the county voting, for a specified period and for a specified maximum rate. This vote
must follow either:
(i) The adoption of a resolution by the county legislative authority proposing this action;
or
(ii) The filing of a petition proposing this action with the county auditor, signed by
county voters at least equal in number to ten percent of the total number of voters in the
county who voted in the preceding general election.
(b) The ballot proposition shall be submitted to the voters of the county at the next
general election occurring at least sixty days after a petition is filed, or at any special election
prior to this general election called for this purpose by the county legislative authority.
(5) No tax may be imposed under this section unless the county imposes a tax under
RCW 82.46.070 at the maximum rate and the tax was imposed by January 1, 2003.
(6) A plan for the expenditure of the proceeds of the tax imposed by this section shall
be prepared by the county legislative authority at least sixty days before the election if the
proposal is initiated by resolution of the county legislative authority, or within six months after
the tax has been authorized by the voters if the proposal is initiated by petition. Prior to the
adoption of this plan, the elected officials of cities located within the county shall be consulted
and at least one public hearing shall be held to obtain public comment. The proceeds of the
tax shall be expended in conformance with this plan.
[ 2002 r 343 § i .]
RCW 82.46.080
Notice to county treasurer.
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A county, city, or town that imposes an excise tax under this chapter must provide the
county treasurer with a copy of the ordinance or other action initially authorizing the tax or
altering the rate of the tax that is imposed at least sixty days before change becomes
effective.
[1998c106§10.]
RCW 82.46.900
Chapter 82.46 RCW ordinances in effect on July 1, 1993—Application
under chapter 82.45 RCW.
Any ordinance imposing a tax under chapter 82.46 RCW which is in effect on July 1,
1993, shall apply to all sales taxable under chapter 82.45 RCW on July 1, 1993, at the rate
specified in the ordinance, until such time as the ordinance is otherwise amended or repealed.
[ 1993 sp.s. c 25 § 508.]
NOTES:
Severability—Effective dates—Part headings, captions not laves -1993 sp.s. c
25: See notes following RCW 82.04.230.
Findings--intent-1993 sp.s. c 25: See note following RCW 82.45.010.
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REET 2 — THE "SECOND QUARTER PERCENT"
Quick Summary
Any county that is fully planning under GMA may Impose an additional 0 25% excise tax upon all real
estate sales, in addition to the tax Imposed under REET 1
Revenues are restricted and may only be used for certain transportation, water/storm/sewer, and
park Capital purposes
May also be used, with additional reporting requirements, for
— Limited capital facility maintenance
— REE;T 1 capital projects
— Affordable housing and homelessness (through January 1, 2026 only)
Does not require voter approval for counties required to plan under GMA, but does require voter
approval for counties voluntarily planning under GMA
RCW 82A6.035(2)
In addition to REET 1, any county that is fully planning under the Growth Management Act (GMA) may impose an
additional 0.25% excise tax — known as "REET 2" or the "second quarter percent" — upon all real estate sales
within the unincorporated area only (RCW 82.46.035). For counties that are required to fully plan under GMA,
REET 2 may be imposed by the legislative body and does not require voter approval. However, any county that
is voluntarily choosing to plan under GMA must submit the REET 2 proposition to voters.
Ballot Measure Requirements for Voluntary GMA Counties
Voter approval for REET 2 is only required for counties that are voluntarily planning under GMA. The
proposition may be submitted at any special, primary,39 or general election and must be approved by a simple
majority of voters. According to MRSC's Local Ballot Measure Database, the only county to attempt a voted
REET 2 measure in recent years was Pacific County, but the measure failed.
Use of Revenues
REET 2 revenues are restricted and may only be used for financing "capital projects" specified in the capital
facilities plan element of the county's comprehensive land use plan. RCW 82.46.035(5) defines "capital project" as:
(a) Planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement
of streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic
water systems, storm and sanitary sewer systems;
(b) Planning, construction, reconstruction, repair, rehabilitation, or improvement of parks; and
(c) Until January 1, 2026, planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation,
or improvement of facilities for those experiencing homelessness and affordable housing projects.
39 RCW 82.46.035(2) states that the proposition must be submitted "at a general election held within the d?strict or at a special
election within the taxing district," which at first glance might seem to rule out the August primary election. However, RCW
29A.04.321(2), which establishes the election schedule for local governments, authorizes the county to call up to four "special
eiections" each year, including the primary election. 5o for these purposes, "special election" includes the primary election.
Revenue Guide for Washington Counties I NovEMBER 2020 108
The definition of "capital project" for REET 2 is more restrictive than it is in the REET 1 statute. BEET 2 funds
are more specifically directed to infrastructure and parks capital projects. (However, note that park lands
"acquisition" is not an allowed use for REET 2.) REET 2 omits public facilities such as law enforcement,
administration, and courts that were listed within the REET 1 statute.
However REET 1 projects may be funded with REET 2 revenues as described below if certain limitations
and additional reporting requirements are met. REET 2 revenues may also be used for limited maintenance
expenses as well as affordable housing and homelessness purposes as described below.
Note that REET 2 funds may not be used for developing or updating a capital facilities plan (CFP) or capital
improvement plan (CIP), but they can be used for design, engineering, surveys, etc. associated with a specific
qualifying project listed in a CFP or CiR
Use of REET 2 for maintenance and REET 1 projects: Any county may use may use up to $100,000 or 25%
of its available REET 2 funds — whichever is greater, but not to exceed $1 million per year — for the following
purposes (RCW 82.46.037(1)):
The maintenance of REET 2 capital projects, as defined in RCW 82.46.035(5). The statute defines
"maintenance" as "the use of funds for labor and materials that will preserve, prevent the decline of, or
extend the useful life of a capital project. 'Maintenance' does not include labor or material costs for routine
operations of a capital project" [emphasis added].
• Planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, improvement, or
maintenance of REET 1 capital projects (see REST f — The "First Quarter Percent's that are not also included
within the REET 2 definition of capital projects.
To use REET 2 funds for these limited purposes, the county must fulfill additional reporting requirements
defined within RCW 82.46.037, including preparing and adopting a written report that includes:
Information necessary to demonstrate that the county has, or will have, adequate funding from all sources
to pay for all capital projects identified in its capital facilities plan for a two-year period.
How revenues collected under REET 2 have been used during the prior two-year period.
How revenues collected under REET 2 will be used for the succeeding two-year period.
What percentage of funds for capital projects is attributed to REET 2 revenues compared to all other
sources of capital project funding.
The report must be adopted as part of the county's public budget process. Additionally, the county must
declare that it has not enacted any requirement on the listing or sale of real property; or any requirement
on landlords, at the time of executing a lease, to perform or provide physical improvements or modifications
to real property or fixtures, except if necessary to address an immediate threat to health or safety; unless
the requirement is specifically authorized by other state and federal laws.
Use of REST 2 for affordable housing and homelessness: New legislation in 2019 expanded the use of
revenues for homeless housing to also include affordable housing. Until January 1, 2026 any county may now
use up to $100,000 or 25% of its available REET 2 funds — whichever is greater, but not to exceed $1 million —
for affordable housing projects and the planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, or improvement of facilities for those experiencing homelessness, as long as such projects are
listed in the capital facilities plan. (These dollar limits do not apply to any county that used REET 2 revenue for
homeless housing prior to June 30, 2019.)
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109
To use REET 2 for affordable housing and homelessness, the county must document in its capital facilities plan
that it has funds during the next two years for capital projects in subsection (5)(a) of the section — which is to
say, all REET 2 -eligible capital projects except park projects (which are listed in subsection (5)(b)). Note that
these documentation requirements are much less stringent than the reporting requirements necessary to use
REET 2 for maintenance/REET 1 projects.
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