Chapter 12.50
PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT
Sections:
12.50.010 Establishment of transportation benefit district.
12.50.015 Assumption of the transportation benefit district.
12.50.030 Authority of the city.
12.50.040 Transportation improvements funded.
12.50.050 Dissolution of district.
12.50.060 Liberal construction.
12.50.010 Establishment of transportation benefit district.
There is created a transportation benefit district to be known as the Port Townsend 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. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).
12.50.015 Assumption of the transportation benefit district.
Pursuant to Chapter 36.74 RCW, from and after the effective date of the ordinance codified in this chapter, the city of Port Townsend assumes all of the rights, powers, immunities, functions, and obligations of the Port Townsend transportation benefit district previously established in this chapter, and the city of Port Townsend is hereby vested with each and every right, power, immunity, function, and obligation granted to or possessed by the Port Townsend transportation benefit district under Chapter 36.73 RCW, this chapter, and any other applicable law as of the effective date of the ordinance codified in this chapter. The governing body of the Port Townsend transportation benefit district is abolished and the rights, powers, immunities, functions, and obligations previously exercised or performed by the governing body of the Port Townsend transportation benefit district are vested in the Port Townsend city council. (Ord. 3334 § 3 (Exh. A), 2024).
12.50.020 Governing body.
A. The Port Townsend city council shall be vested with the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and this chapter.
B. The city council shall implement the material change policy previously adopted by the Port Townsend transportation benefit district that addresses 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).
C. The city council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).
12.50.030 Authority of the city.
The city, acting by and through its city council, shall have and exercise all powers and functions provided by Chapter 36.73 RCW to fulfill the functions of the district, including without limitation the power to request voter approval of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455. (Ord. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).
12.50.040 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 city, consistent with the requirements of Chapter 36.73 RCW. The funds generated by the transportation benefit district shall be held in a special revenue fund to be known as the transportation benefit district fund. 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, maintain and operate the city’s previous 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 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. 3338 § 1, 2024; Ord. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).
12.50.050 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. Street preservation, maintenance and operation are ongoing, long-term obligations of the city. (Ord. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).
12.50.060 Liberal construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally constructed to permit the accomplishment of its purposes. (Ord. 3334 § 3 (Exh. A), 2024; Ord. 3319 § 3 (Exh. A), 2023).