Chapter 12.01
CLARKSTON TRANSPORTATION BENEFIT DISTRICT

Sections:

12.01.010    Establishing transportation benefit district.

12.01.015    Assumption of transportation benefit district.

12.01.020    Governing board.

12.01.030    Authority of the city.

12.01.040    Transportation improvements funded.

12.01.050    Dissolution of district.

12.01.010 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the Clarkston transportation benefit district or “district” with geographical boundaries comprised of the corporate limits of the city, as they currently exist or as they may exist following future annexations. [Ord. 1525 § 2, 2014.]

12.01.015 Assumption of transportation benefit district.

From and after the effective date of the ordinance codified in this chapter, the city of Clarkston assumes all of the rights, powers, immunities, functions and obligations of the Clarkston transportation benefit district previously established in this chapter, and the city is hereby vested with each and every right, power, immunity, function and obligation granted to or possessed by the Clarkston transportation benefit district under Chapter 36.73 RCW, this chapter, and/or any other applicable law as of the effective date of the ordinance codified in this chapter. The rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Clarkston TBD pursuant to CMC 12.01.030 are hereby assumed by and transferred to the Clarkston city council. [Ord. 1548 § 2, 2015.]

12.01.020 Governing board.

(1) The Clarkston city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and this chapter.

(2) The treasurer of the TBD shall be the city clerk/treasurer.

(3) The city shall implement the material change policy previously adopted by the Clarkston TBD 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).

(4) The city council shall issue an annual report pursuant to the requirements of RCW 36.73.160(2). [Ord. 1548 § 3, 2015; Ord. 1525 § 2, 2014.]

12.01.030 Authority of the city.

(1) The city, acting by and through its city council, may authorize a vehicle fee of up to:

(a) Twenty dollars per vehicle as provided for by RCW 82.80.140;

(b) Up to $40.00 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $20.00 has been imposed for at least 24 months; and/or

(c) Up to $50.00 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $40.00 has been imposed for at least 24 months and a district has met the requirements of subsection (6) of Section 309 of 2ESSB 5987.

(2) When authorized by the votes pursuant to the requirements of Chapter 36.73 RCW, the city may assess other taxes, fees, charges and tolls or increases in these revenue sources for the preservation, maintenance and operation of city streets and ways.

(3) The city shall have and may exercise any all powers and functions provided by Chapter 36.73 RCW to fulfill the purposes of Chapter 36.73 RCW and this chapter. [Ord. 1548 § 4, 2015; Ord. 1525 § 2, 2014.]

12.01.040 Transportation improvements funded.

The funds generated by the transportation benefit district shall be used for transportation improvements that preserve, maintain, operate and/or improve the existing transportation infrastructure of the city, consistent with the requirements of Chapter 36.73 RCW, including but not limited to the adopted plans of the city, state and Lewis Clark Valley Metropolitan Planning Organization such as the Six-Year Transportation Plan, 2014 Long Range Transportation Plan, 2015 Bicycle Master Plan, 2014 North Clarkston Circulation Study, 2012 ADA Right-of-Way Inventory, 2011 Downtown Circulation Study, and the 2011 Wayfinding Study, or current versions of such plans. The funds may be utilized for any lawful purpose under the Chapter; but all funds raised through the transportation benefit district shall be expended only for such preservation, maintenance, operation and/or improvement in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended. The funds expended by the district shall preserve, maintain, operate, and/or improve the city’s existing investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the city’s infrastructure investments, and continue the improvement of the transportation system, with the implementation of annual maintenance as needed and roadway reconstruction processes whenever possible. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(2)(b) following notice, public hearing and enactment of an authorizing ordinance. [Ord. 1581, 2017; Ord. 1548 § 5, 2015; Ord. 1525 § 2, 2014.]

12.01.050 Dissolution of district.

The transportation benefit district shall be automatically dissolved when all indebtedness of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. [Ord. 1548 § 5, 2015; Ord. 1525 § 2, 2014.]