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ORD 08-584 ORDINANCE NO. 08-584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ESTABLISHMENT OF A TRAFFIC SAFETY FUND, DEFINING ITS PURPOSE AND REVENUE SOURCES; AND SPECIFYING THE FUNDS ADMINISTRATOR TO BE THE CITY MANAGER OR HIS OR HER DESIGNEE. WHEREAS, in 2007 citizens participating in surveys supported the implementation of a one- year pilot program for Red-Light Photo Enforcement; and WHEREAS, at the City Council meeting on August 21 , 2007 the City Council authorized a pilot program for a Red-Light Photo Enforcement Program for the purpose of encouraging traffic safety by reducing accidents at certain intersections; and WHEREAS, the City Council also directed in August 2007 that revenue received from the Red-Light Photo Enforcement Program be used for traffic enforcement, education and traffic engineering; and WHEREAS, the City implemented a one-month warning period whereby violators were warned about the violation of running a red light but not issued a ticket; and may generate revenue for the City of Federal Way; and WHEREAS, during the one-month warning period approximately one thousand six hundred violators were recorded on the installed cameras; and WHEREAS, it is anticipated that the traffic tickets that will be issued pursuant to the Program will generate revenue; and ORD #08-584 Page 1 of 4 WHEREAS, the City Council finds that it is in the best interest ofthe citizens to establish a "Traffic Safety Fund" for accounting that the revenue received from the Program is used for the stated purposes; and WHEREAS, all revenue deposited in the Traffic Safety Fund will be used for the purpose of funding prevention, education, and enforcement efforts to enhance traffic safety and compliance with traffic control devices within the City, including maintenance and operation costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Establishment of Traffic Safety Fund. There is hereby established, a.fund to be known as the Traffic Safety Fund. All penalties and fines collected in criminal traffic violations and those related to the operation of the Red-Light Photo Enforcement Program shall be paid into this fund. SECTION 2. Use of Fund. Funds collected for traffic safety shall be used for, but not limited to prevention, education, and enforcement efforts related to traffic safety and compliance with traffic control devices within the City, including maintenance and operation costs. SECTION 3. Administration of Fund. The City Manager or his or her designee shall administer the fund. SECTION 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity ofthe remaining portions ofthis chapter or its application to any ORD #08-584 Page 2 of 4 other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 21st day of October, 2008. CITY OF FEDERAL WAY ATTEST: ) CITY CLERK, LY,CMC ORD #08-584 Page 3 of 4 APPROVED AS TO FORM: f/;-;c;: (? ~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 10-2-08 PASSED BY THE CITY COUNCIL: 10-21-08 PUBLISHED: 10-25-08 EFFECTIVE DATE: 10-30-08 ORDINANCE NO.: 08-584 ORD #08-584 Page 4 of 4