Chapter 12.14
TRANSPORTATION BENEFIT DISTRICT
Sections:
12.14.010 Establishing transportation benefit district.
12.14.030 Transportation improvements funded.
12.14.040 Establishment of revenue sources.
12.14.050 Dissolution of district.
12.14.010 Establishing transportation benefit district.
There is created, to carry out all functions allowed by statute, a transportation benefit district within the geographical boundaries of the corporate limits of the City existing on effective date of the ordinance codified in this chapter as described in Exhibit A attached to the ordinance codified in this chapter (the “TBD”). The name of the transportation benefit district shall be the “Transportation Benefit District of the City of Airway Heights, Washington.”
The TBD shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including, without limitation, the power to request voter approval of, and thereafter impose and collect a sales and use tax in accordance with RCW 82.14.0455 or to impose a vehicle tax as authorized by RCW 82.80.140. (Ord. C-793 § 3, 2013)
12.14.020 Governing board.
A. The governing board of the transportation benefit district shall be the City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.
B. The treasurer of the transportation benefit district shall be the City Clerk/Treasurer.
C. The chair of the governing board of the transportation benefit district shall be the City Mayor.
D. The secretary of the governing board of the transportation benefit district shall be the City Manager.
E. Meetings of the governing board shall be governed by the procedural rules applicable to the meetings of the City Council. Governing board actions shall be taken in the same manner and follow the same procedure as for the adoption of resolutions by the City Council. Meetings of the governing board shall, whenever possible, take place on the same dates scheduled for City Council meetings.
F. The governing board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).
G. The governing board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. C-793 § 4, 2013)
12.14.030 Transportation improvements funded.
A. One hundred percent of the funds generated by the transportation benefit district shall be used towards funding the improvements identified in the transportation improvement program and other transportation projects or needs as deemed necessary.
B. The revenues of the TBD shall be used for transportation improvements within the City consistent with the requirements of Chapter 36.73 RCW. Expenditures should preserve, maintain and advance the City’s transportation infrastructure, reduce the risk of transportation facility failure, improve safety, or reduce congestion. Any change or expansion of these authorized purposes shall be undertaken only after notice, hearing and adoption of an authorizing ordinance in accordance with RCW 36.73.0509(b)(2) or a vote of the people pursuant to RCW 36.73.065(c). (Ord. C-793 § 5, 2013)
12.14.040 Establishment of revenue sources.
A. Through majority vote of the registered voters residing within the TBD, a sales and use tax may be authorized in an amount not to exceed two-tenths of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax (e.g., from 8.7 percent to 8.9 percent). The sales and use tax shall be: (1) used according to this chapter and (2) collected by the businesses located within the transportation benefit district and remitted to the State of Washington Department of Revenue and returned to the City as set forth in RCW 82.14.0455.
B. Through a majority vote of the governing body of the district, an annual vehicle fee of up to $20.00 may be imposed for each vehicle subject to vehicle license fees, as authorized in RCW 82.80.140.
C. Through petition of a majority of the property owners that reside within the district or by majority vote of the registered voters that reside within the district, whichever applies, the formation of a local improvement district or special assessment or other approved and authorized assessments may be enacted, as provided under RCW 36.73.070 and 36.73.080, for the purpose of providing capital improvements in the applicable area.
D. The transportation benefit district is not intended to subsidize development; therefore, imposition of a fee may be charged on building construction or land development, such as a per trip charge, as authorized under RCW 36.73.120 and subject to the provisions of RCW 36.73.065 and Chapters 39.92, 43.21C, and 82.02 RCW. (Ord. C-793 § 6, 2013)
12.14.050 Dissolution of district.
The TBD shall be dissolved when all transportation improvements associated with the operation, preservation, and maintenance of the City’s existing transportation improvements, facilities, functions, and activities have been completed; all indebtedness of the TBD created to accomplish the improvements has been retired and when all of the TBD’s anticipated responsibilities have been satisfied.
In addition to the automatic dissolution of the district as set forth above, the governing board reserves the right, as set forth in Chapter 36.73 RCW, to cause the dissolution of the district for any legal reason, including if a regional transportation district with a funding mechanism is formed pursuant to an interlocal agreement as permitted in RCW 36.73.020. (Ord. C-793 § 7, 2013)