Chapter 3.60
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.60.020 Establishment of the Ocean Shores Transportation Benefit District—General authority.
3.60.030 Powers and operations of the OSTBD No. 1.
3.60.050 Transportation improvements funded.
3.60.060 Annual report to the public.
3.60.070 Dissolution of OSTBD No. 1.
3.60.010 Formation.
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 Ocean Shores Transportation Benefit District No. 1 (“OSTBD No. 1”), subject to the following. (Ord. 993 § 2 (part), 2017)
3.60.020 Establishment of the Ocean Shores Transportation Benefit District—General authority.
There is hereby created OSTBD No.1 with the geographical boundaries comprised of the corporate limits of the city, as those boundaries may be adjusted in the future. OSTBD No. 1 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. OSTBD No. 1 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, enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the city of Ocean Shores shall apply to the district. (Ord. 993 § 2 (part), 2017)
3.60.030 Powers and operations of the OSTBD No. 1.
A. Subject to the limitations set forth in Section 3.60.040(B), OSTBD No. 1 shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including, without limitation, the power to request voter approval of, and thereafter impose and collect, sales and use tax in accordance with RCW 82.14.0455. The TBD may impose an annual vehicle fee in excess of twenty dollars up to one hundred dollars as allowed by RCW 82.80.140. The TBD may impose an ad valorem 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 and form a local improvement district and impose assessments therefor, take those actions allowed, and subject to the limitations of RCW 36.73.080, contract for street and highway improvements, and for its 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 OSTBD No. 1 shall be the city finance director. As such, the finance director shall establish those funds and accounts on behalf of OSTBD No. 1 as required and shall disburse funds and pay claims as approved by the OSTBD 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 OSTBD board, except where separate counsel is engaged by OSTBD No. 1.
D. Other city employees shall carry out the operations of OSTBD No. 1 as agreed by OSTBD No. 1 and the city. Such employees and the contracts of OSTBD No. 1 shall be overseen and administered by the mayor and/or her/his designee.
E. OSTBD No. 1 may contract with the city for operations, services and materials, office space and equipment, and to undertake and/or fund TIP/TBD projects undertaken jointly or by one entity or the other.
(Ord. 993 § 2 (part), 2017)
3.60.040 Governing board.
A. Consistent with RCW 36.73.020(3), the governing board of the OSTBD No. 1 (the “OSTBD board”) shall be the members of the Ocean Shores city council acting in an independent capacity. The OSTBD 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. The OSTBD board shall also include a chairperson, who shall be the city’s mayor and who shall have those duties, rights and obligations of a mayor as set forth in RCW 35A.12.100.
B. To carry out the purposes of the chapter, and subject to the provisions of RCW 36.73.065, the OSTBD board is authorized to impose a sales and use tax in accordance with RCW 82.14.0455.
1. The OSTBD board is not authorized to impose the following taxes, fees, charges, and tolls:
a. A vehicle fee in accordance with RCW 82.80.140.
b. A fee or charge on building construction or land development including, but not limited to, a fee or charge in accordance with RCW 36.73.120.
c. An ad valorem property tax as provided in RCW 36.73.060.
d. Special fees, charges, or tolls.
2. The OSTBD board is not authorized to exercise the following powers and functions:
a. Authorize and issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070.
b. Form a local improvement district and impose assessments therefor, and take those actions allowed and subject to the limitations of RCW 36.73.080.
The above nonauthorized funding methods available to the OSTBD may be expanded only after compliance with the additional public notice, hearing, and determination provisions of RCW 36.73.050 relating to an expansion of purpose or funding.
C. As required by RCW 36.73.160(1), as the same may be amended from time to time, the OSTBD board shall develop a material change policy to address major plan changes that affect OSTBD project delivery or the ability to finance the plan for funding and implementing the OSTBD projects.
D. Meetings of the OSTBD board shall be governed by the procedural rules applicable to meetings of the city council, as those rules may be amended by the city council from time to time. OSTBD board actions shall be taken by motion or resolution in the same manner and following the same procedures as for the adoption of city council resolutions. Meetings of the OSTBD board shall, whenever possible, take place on the same dates scheduled for city council meetings; provided, that the OSTBD No. 1 meeting shall take place pursuant to its own agenda during a recess or otherwise outside of any regular business meeting or special meeting of the city council. The OSTBD board meetings shall comply with the state Open Public Meetings and Public Records Acts and the officials of OSTBD No. 1 shall be subject to Chapter 42.23 RCW, Code of Ethics for Municipal Officers—Contract Interests; provided, that the fact that OSTBD board members and officials and council members and city officials are simultaneously employed by both entities shall not be deemed a conflict of interest where OSTBD No. 1 and the city are parties to contracts and/or agreements.
(Ord. 993 § 2 (part), 2017)
3.60.050 Transportation improvements funded.
The funds generated by OSTBD No. 1 shall be used for the OSTBD projects described in this chapter and/or allowed by state law. The OSTBD projects may be amended in accordance with the material change policy described in Section 3.60.040(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. 993 § 2 (part), 2017)
3.60.060 Annual report to the public.
As required by RCW 36.73.160(2), as the same may be amended from time to time, OSTBD No. 1 shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and newspapers of record in OSTBD No. 1. (Ord. 993 § 2 (part), 2017)
3.60.070 Dissolution of OSTBD No. 1.
OSTBD No. 1 shall be dissolved pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness, if any, of OSTBD No. 1 has been retired and when all of OSTBD No. 1’s anticipated responsibilities have been satisfied. (Ord. 993 § 2 (part), 2017)