Chapter 3.11
TRANSPORTATION BENEFIT DISTRICT1

Sections:

3.11.010    Transportation benefit district establishment.

3.11.020    Governing board.

3.11.030    Authority of the district.

3.11.040    Use of funds.

3.11.050    Dissolution of the district.

3.11.060    Liberal construction.

3.11.070    Assumption of the Chehalis transportation benefit district.

3.11.010 Transportation benefit district establishment.

There is created a transportation benefit district to be known as the Chehalis transportation benefit district or “district” with geographical boundaries comprised of the corporate limits of the city of Chehalis as they currently exist or as they may exist following future annexations. [Ord. 934B § 3, 2014.]

3.11.020 Governing board.

A. The governing board, referred to in this chapter as “board,” of the transportation benefit district shall be the Chehalis 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. Meetings of the district board shall be governed by the procedural rules applicable to meetings of the city council, as these rules may be amended by the city council from time to time. District board actions shall be taken in the same manner and follow the same procedure as for the adoption of city council resolutions. Meetings of the district board shall, whenever possible, take place on the same dates scheduled for city council meetings.

C. The mayor shall serve as the chair of the district board and shall preside over all meetings of the district board.

D. The city attorney will serve as legal advisor to the district board, except where separate counsel is engaged by the district or the city attorney has a conflict of interest.

E. The treasurer of the transportation benefit district shall be the city finance manager.

F. The 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 board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). [Ord. 934B § 3, 2014.]

3.11.030 Authority of the district.

The board shall have and may exercise any powers provided by law to fulfill the purpose of the district. [Ord. 934B § 3, 2014.]

3.11.040 Use of funds.

The funds generated by the transportation benefit district may be used for any purpose allowed by law including to operate the district and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the city’s long-term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructural replacements in the future and to improve modal connectivity within the city of Chehalis. Additional transportation improvement projects of the district may be funded only after compliance with the provisions of RCW 36.73.050(2). [Ord. 934B § 3, 2014.]

3.11.050 Dissolution of the district.

The transportation benefit district shall be automatically dissolved, pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. [Ord. 934B § 3, 2014.]

3.11.060 Liberal construction.

As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally constructed to permit the accomplishment of its purposes. [Ord. 934B § 3, 2014.]

3.11.070 Assumption of the Chehalis transportation benefit district.

The city hereby assumes all the rights, powers, functions and obligations of the Chehalis transportation benefit district and by this action the Chehalis transportation benefit district will cease to exist as a separate entity. [Ord. 950B § 1, 2015.]


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    Code reviser’s notes:

    a. Pursuant to Ordinance 950B, the city has assumed all rights, powers, functions and obligations of the Chehalis transportation benefit district.

    b. Ordinance 934B adds the provisions in this chapter as Chapter 11. This chapter has been editorially renumbered to fit the numbering style of the code.