Chapter 11.80
LA CONNER TRANSPORTATION BENEFIT DISTRICT1
Sections:
11.80.010 Establishing transportation benefit district.
11.80.030 Powers of transportation benefit district.
11.80.040 Transportation improvements funded.
11.80.050 Dissolution of district.
11.80.010 Establishing transportation benefit district.
Pursuant to RCW 35.21.225 and Chapter 36.73 RCW there is created a transportation benefit district to be known as the La Conner transportation benefit district or “district” with geographical boundaries comprised of the corporate limits of the town as they currently exist or as they may exist following future annexations. [Ord. 1233 § 3, 2023.]
11.80.020 Governing board.
(1) The governing board or “board” of the transportation benefit district shall be the La Conner town 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. The TBD board shall elect a chair to preside over meetings of the board.
(2) The treasurer of the transportation benefit district shall be the town finance director.
(3) Meetings of the board shall be governed by the procedural rules applicable to meetings of the town council, as those rules may be amended from time to time by the council. Board actions shall be taken in the same manner and follow the same procedures as for adoption of town council resolutions.
(4) 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). If a transportation improvement exceeds its original cost by more than 20 percent, as identified in the district’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved.
(5) The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). [Ord. 1233 § 3, 2023.]
11.80.030 Powers of transportation benefit district.
The district shall possess all the powers and authority of a transportation benefit district authorized under Chapter 36.73 RCW including without limitation the power to request voter approval of and thereafter imposition and collection of a sales and use tax in accordance with RCW 82.14.0455. In particular, and without limitation, the district shall explicitly have the following authorities which may be exercised by the board:
(1) The board may authorize a vehicle tax fee of up to $20.00 per vehicle as provided for by RCW 82.80.140.
(2) The board may authorize a sales and use tax in accordance with the provisions of RCW 36.73.065 and 82.14.0455. When authorized by the voters as may be required by Chapter 36.73 RCW, and in accordance with the provisions of Chapter 36.73 RCW, taxes, fees, charges and tolls, or increases in services may be assessed for the preservation, maintenance, and operation of town streets. Additional transportation improvements may be added to the functions of the district upon compliance with the requirements of Chapter 36.73 RCW. [Ord. 1233 § 3, 2023.]
11.80.040 Transportation improvements funded.
The funds generated by the transportation benefit district shall be used for transportation improvements that preserve, maintain, and operate the existing transportation infrastructure of the town, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for any lawful purpose under this chapter; but all funds raised through the TBD shall be expended only for such preservation, maintenance, and operation 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 and maintain the town’s previous investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the town’s infrastructure investments, and continue the optimal performance of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(b) following notice, public hearing, and enactment of an authorizing ordinance. [Ord. 1233 § 3, 2023.]
11.80.050 Dissolution of district.
The transportation benefit district shall be dissolved in accordance with the procedures set out in Chapter 36.73 RCW when all indebtedness, if any, of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. Street preservation, maintenance, and operation are ongoing, long-term obligations of the town. [Ord. 1233 § 3, 2023.]
11.80.060 Assumption.
The town hereby assumes the rights, powers, functions, and obligations of the La Conner transportation benefit district, and by this action the La Conner transportation benefit district shall cease to exist as a separate entity. [Ord. 1241 § 2, 2024.]
Code reviser’s note: Ord. 1233 adds this chapter as 11.70. It has been editorially renumbered to prevent duplication of numbering.