Chapter 2.74
TRANSPORTATION BENEFIT DISTRICT
Sections:
2.74.010 Formation of a transportation benefit district.
2.74.020 Geographic limits and general authority of district.
2.74.030 Powers and operations of district.
2.74.050 Transportation improvements funded.
2.74.060 Annual report to the public.
2.74.070 Assumption or dissolution of district.
2.74.010 Formation of a transportation benefit district.
The city, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as the Cashmere transportation benefit district (CTBD), subject to the following. (Ord. 1329 § 2, 2024).
2.74.020 Geographic limits and general authority of district.
There is hereby created the CTBD with geographical boundaries comprised of the corporate limits of the city, as those boundaries may be adjusted in the future. CTBD shall be a quasi-municipal corporation and an independent taxing “authority” within the meaning of Article VII, section 1 of the Washington State Constitution, and a “taxing district” within the meaning of Article VII, section 2 of the Washington State Constitution. CTBD shall constitute a body corporate and possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. (Ord. 1329 § 2, 2024).
2.74.030 Powers and operations of district.
A. The CTBD shall possess and exercise all the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, as existing or hereafter amended. This section shall be liberally construed to permit the accomplishment of the district’s purpose. The district’s powers include, 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 a vehicle fee in excess of $20.00 up to $100.00 as allowed by RCW 82.80.140; impose an ad valorum tax pursuant to RCW 36.73.060; issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070; form a local improvement district and impose assessments therefor; take those actions allowed, and subject to the limitations of RCW 36.73.0810, contract for street and highway improvements, and operations; exercise the power of eminent domain in the same manner as authorized for the city; and accept and use gifts and grants.
B. Consistent with RCW 36.73.020(4), the secretary/treasurer of the CTBD shall be the city clerk/treasurer. As such the clerk/treasurer shall establish those funds and accounts of behalf of the CTBD as required and shall disburse funds and pay claims as approved by the CTBD board and prepare and maintain such accounts as are appropriate and/or required by state or federal law.
C. The city attorney will serve as legal advisor to the CTBD board, except where separate council is engaged by the CTBD.
D. Other city employees shall carry out the operations of the CTBD as agreed by the CTBD and the city. Such employees and the contracts of the CTBD shall be overseen and administrated by the mayor and/or his/her designee.
E. The CTBD may contract with the city for operations, services and materials, office space and equipment, and to undertake and/or fund CFP/TBD projects undertaken jointly or by one entity or the other.
F. Public works contract limits applicable to the city of Cashmere shall apply to the CTBD. (Ord. 1329 § 2, 2024).
2.74.040 Governing board.
A. Consistent with RCW 36.73.020(3), the governing board of the CTBD (the “CTBD board”) shall be the members of the Cashmere city council acting in an ex officio and independent capacity. The CTBD board shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and other applicable provisions of Washington State law.
B. The CTBD board shall adopt governing bylaws setting forth requirements and procedures of the board.
C. As required by RCW 36.73.160(1), as the same may be amended from time to time, the CTBD board shall develop a material change policy to address major plan changes that affect CTBD project delivery or the ability to finance the plan for funding and implementing the CTBD projects. (Ord. 1329 § 2, 2024).
2.74.050 Transportation improvements funded.
The funds generated by the CTBD shall be used for the CTBD projects identified at the time of adoption of the ordinance codified in this chapter, or as modified or amended using procedures set forth herein, and/or allowed by state law. The CTBD projects may be amended in accordance with the material change policy described in CMC 2.74.040(C) and in accordance with the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as the same may be amended from time to time. (Ord. 1329 § 2, 2024).
2.74.060 Annual report to the public.
As required by RCW 36.73.160(2), as the same may be amended from time to time, the CTBD shall issue an annual report, indicating the status of transportation improvement costs, transportation improvements expenditures, revenues, and construction schedules, to the public and to newspapers of record in the CTBD. (Ord. 1329 § 2, 2024).
2.74.070 Assumption or dissolution of district.
The district may, at any time following formation, be assumed by the city pursuant to the authority and procedures set forth in Chapter 36.73 RCW, as existing or hereafter amended. The CTBD shall be dissolved pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness, if any, of the CTBD has been retired and when all of the CTBD’s anticipated responsibilities have been satisfied. Notice of any dissolution shall be provided in accordance with RCW 86.73.170. (Ord. 1329 § 2, 2024).