Chapter 3.44
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.44.020 Establishing the transportation benefit district.
3.44.030 Assuming the transportation benefit district.
3.44.040 Functions of the district.
3.44.050 Transportation improvements funded.
3.44.060 Dissolution of district.
3.44.070 Liberal construction.
3.44.080 Annual vehicle license fee.
3.44.090 Imposition of additional 0.1 percent sales tax.
3.44.010 Purpose.
The purpose of this chapter is to establish a transportation benefit district (TBD) pursuant to RCW 35.21.225 and Chapter 36.73 RCW, consistent with the public interest, to provide adequate levels of funding for transportation improvements that preserve, maintain and, as appropriate, construct or reconstruct the transportation infrastructure of the city of Port Orchard. (Ord. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.020 Establishing the transportation benefit district.
There is created a transportation benefit district to be known as the Port Orchard 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. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.030 Assuming the transportation benefit district.
(1) Pursuant to Chapter 36.74 RCW, the original governing body of the transportation benefit district is abolished and the city of Port Orchard assumes and is vested with all of the rights, powers, immunities, functions, and obligations granted to or possessed by the district pursuant to Chapter 36.73 RCW. The governing body of the transportation benefit district shall be the city council of the city of Port Orchard.
(2) The treasurer of the transportation benefit district shall be the city finance director.
(3) The city council 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). The policy must at least address material changes to cost, scope and schedule, the level of change that will require governing body involvement and how the governing body will address those changes. At a minimum, if the district funding participation in 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.
(4) The city council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 017-23 § 4 (Exh. A); Ord. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.040 Functions of the district.
(1) The district, by a majority vote of the city council, may authorize a motor vehicle license fee of up to $20.00 as provided in RCW 82.80.140 for the purposes set forth in this chapter and as may be subsequently authorized according to law.
(2) The district may impose additional taxes, fees or charges authorized by RCW 36.73.040 or ad valorem property taxes authorized by RCW 36.73.060, only if approved by district voters pursuant to RCW 36.73.065.
(3) The district shall have all powers and functions provided by Chapter 36.73 RCW to fulfill the functions of the district, including the power to issue general obligation bonds and revenue bonds as provided in RCW 36.73.070, or form a local improvement district as provided in RCW 36.73.080. (Ord. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.050 Transportation improvements funded.
The funds generated by the transportation benefit district may be used for transportation improvements that preserve, maintain, operate, construct and reconstruct the existing transportation infrastructure of the city, consistent with Chapter 36.73 RCW, as it now exists or is hereafter amended. In addition to the foregoing, the funds generated may be used for any purpose allowed by law, including to operate the district and to make transportation improvements that are consistent with state, regional and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels, pursuant to Chapter 36.73 RCW. The district shall select to the extent practicable projects for funding that reduce the risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, provide for economic development, improve accessibility for persons with special transportation needs, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure construction and replacement in the future.
All funds raised through the district shall be expended only for such construction, reconstruction, preservation, maintenance and operation in accordance with the provisions of Chapter 36.73 RCW as it now exists or is hereafter amended. The funds expended by the district shall preserve, maintain, operate and improve the city’s investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost effectiveness of the city’s infrastructure investments, provide for economic development 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(2)(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.060 Dissolution of district.
The 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. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.070 Liberal construction.
This chapter is to be liberally construed to accomplish the purpose of establishing a transportation benefit district with the broadest possible authority under Chapter 36.73 RCW, as it now exists or is hereafter amended. (Ord. 020-17 § 9 (Exh. A); Ord. 027-15 § 1).
3.44.080 Annual vehicle license fee.1
(1) Annual Vehicle License Fee Established. An annual vehicle license fee of $20.00 is hereby established. Consistent with RCW 36.73.065(4)(a)(i), as written or hereafter amended, to be collected by the Washington Department of Licensing on qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended.
(2) Revenue Restrictions. The revenues received from the $20.00 vehicle license fee shall only be expended on TBD projects approved by the Port Orchard city council pursuant to Ordinance No. 027-15 and state law.
(3) Vehicle License Fee Collection Effective Date. The annual vehicle license fee shall take effect for notices mailed in 2017 for vehicle license renewals due on or after January 9, 2017, or as soon thereafter as the Washington Department of Licensing is reasonably able to incorporate collection of the $20.00 fee; but in no event shall the vehicle license fee be collected sooner than 180 days after approval of the ordinance codified in this section, pursuant to RCW 36.73.065 and 82.80.140(4). The vehicle license fee shall be collected until the ordinance codified in this section is repealed or amended by the city council of the city of Port Orchard.
(4) Notice to Department of Licensing. The city council directs the city clerk to notify the Washington Department of Licensing (DOL) of the vehicle license fee established in subsection (1) of this section and to request that DOL take all steps necessary to implement collection of this fee in accordance with RCW 82.80.140. (Ord. 020-17 § 9 (Exh. A); Ord. 019-16 §§ 1 – 4).
3.44.090 Imposition of additional 0.1 percent sales tax.2
The city council as the governing board of the city of Port Orchard transportation benefit district finds that it is in the best interest of the city and the transportation benefit district to impose a sales and use tax of one-tenth of one percent pursuant to RCW 36.73.040(3)(a), 36.73.065(4)(v), and 82.14.0455. Such sales and use tax is for the purpose of raising revenue to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund transportation improvements in the transportation benefit district. The sales and use tax shall be imposed for a period not exceeding 10 years. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, as amended, upon the occurrence of any taxable event within the boundaries of the city of Port Orchard transportation benefit district which is conterminous with the city of Port Orchard city limits.
The revenues from a sales and use tax may be used to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund the following described transportation improvements:
(1) Projects in the TBD identified in the city of Port Orchard’s comprehensive plan transportation element and the city of Port Orchard’s six- and 20-year transportation improvement programs;
(2) Expanded projects identified in accordance with RCW 36.73.160, as amended.
The cost of all construction, maintenance, preservation, operation, design, engineering, construction management, financial, legal, and other consulting services, inspection and testing, administrative and relocation expenses, and other costs incurred in connection with the foregoing described transportation benefit district projects shall be deemed to be part of the transportation improvements. (Ord. 039-22 §§ 2, 3).
Code reviser’s note: The fee established by Ord. 019-16 is effective 180 days after approval of the ordinance, which is January 8, 2017. See POMC 3.44.080(3).
Code reviser’s note: Ord. 039-22 and the sales and use tax imposed therein expire at midnight on December 31, 2032.