Chapter 3.92
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.92.030 Formation of a transportation benefit district.
3.92.010 Purpose.
The purpose of this chapter is to provide for the continued existence of a transportation benefit district pursuant to RCW 35.21.255 and Chapter 36.73 RCW assumed by the city under Chapter 36.74 RCW. [Ord. 1577 § 4, 2018; Ord. 1372, 2010.]
3.92.020 Findings.
The city council finds that all the “whereas” recitals in the ordinance codified in this chapter are true, and it is in the public interest to provide adequate levels of funding to make transportation improvements that are consistent with the city’s transportation improvement plan and comprehensive plans, and that such new facilities are necessitated by existing or reasonably foreseeable congestion levels as provided in Chapter 36.73 RCW. The city council further finds that it is in the public interest to develop and fund transportation improvements that may include, without limitation, other improvements to serve the city, the region and the state, including the reduction of congestion on U.S. Highway 2 and throughout Leavenworth. [Ord. 1577 § 4, 2018; Ord. 1372, 2010.]
3.92.030 Formation of a transportation benefit district.
The city of Leavenworth, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a transportation benefit district to be known and referred to as the “Leavenworth transportation benefit district” or “district,” subject to the following:
A. Establishing Transportation Benefit District. There is created and after assumption remains the Leavenworth transportation benefit district with geographical boundaries comprised of the corporate limits of the city as they exist upon the effective date of the ordinance codified in this chapter or as they may exist following future annexations.
B. Governing Board Transportation Benefit District Assumed.
1. The governing board of the district (the “board”) shall be the Leavenworth 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.
2. The city clerk-treasurer shall serve as the treasurer of the district.
3. The material change policy previously adopted 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), shall remain the material change policy of the district as assumed.
4. The board shall issue an annual report for this year of assumption, pursuant to the requirements of RCW 36.73.160(2).
5. Meetings of the board shall be governed by the procedural rules applicable to meetings of the Leavenworth city council, as the same may be amended from time to time.
C. Powers of the Leavenworth Transportation Benefit District. The city council shall have and may exercise any powers provided by law to fulfill the purpose of the district.
D. Transportation Improvements Funded. The funds generated by the 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, including transportation improvements identified in this chapter, or as may otherwise be expanded in accordance with Chapter 36.73 RCW as the same may be amended from time to time.
E. Under RCW 36.73.040, the district may impose and has imposed specified taxes, fees, charges and tolls. By assumption, nothing shall limit the city council to impose one or more of the revenue sources specified in RCW 36.73.040(3)(a), (b) and (c), i.e., sales taxes with voter approval, vehicle fees, and construction (growth) charges.
F. Dissolution of District. The transportation benefit district shall be dissolved consistent with the provisions of RCW 36.73.170 when all indebtedness of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. [Ord. 1577 § 4, 2018; Ord. 1372 § 1, 2010.]