Chapter 5.51
TRANSPORTATION BENEFIT DISTRICT
Sections:
5.51.020 Formation of a transportation benefit district.
5.51.030 Transportation benefit district boundaries.
5.51.040 Transportation benefit district governing board.
5.51.050 Powers of the transportation benefit district.
5.51.060 Transportation improvements funded.
5.51.070 Dissolution of district.
5.51.080 Liberal construction.
5.51.010 Purpose.
The purpose of this chapter is to establish a transportation benefit district pursuant to and consistent with RCW 35.21.225 and Chapter 36.73 RCW, as the city council finds it is in the public interest to provide adequate levels of funding for the purposes of implementing and funding the Duportail Bridge and the city’s established pavement preservation program. [Ord. 02-17 § 2].
5.51.020 Formation of a transportation benefit district.
The city of Richland, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates the city of Richland transportation benefit district, hereinafter referred to as the “Richland TBD.” [Ord. 02-17 § 2].
5.51.030 Transportation benefit district boundaries.
The geographical boundaries of the Richland TBD shall be comprised of the corporate limits of the city of Richland as those boundaries presently exist or as they may exist following future annexations. [Ord. 02-17 § 2].
5.51.040 Transportation benefit district governing board.
A. The governing board of the Richland TBD shall be the city of Richland city council. The Richland city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW as it currently exists or as hereafter amended.
B. Pursuant to the requirements set forth in RCW 36.73.160(1), the governing board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan.
C. The governing board shall issue an annual report pursuant to the requirements of RCW 36.73.160(2).
D. The city’s finance director shall be the ex officio treasurer of the Richland TBD.
E. The city attorney shall serve as legal advisor to the Richland TBD, except where separate legal counsel is engaged at the direction of the Richland TBD governing board. [Ord. 02-17 § 2; Ord. 55-17 § 2].
5.51.050 Powers of the transportation benefit district.
The Richland TBD shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including, without limitation, the power under RCW 36.73.040 to impose and collect a vehicle fee in accordance with RCW 82.80.140. [Ord. 02-17 § 2].
5.51.060 Transportation improvements funded.
A. The funds generated by the Richland TBD may be used for any purpose allowed by law, including to operate the Richland TBD and to make annual transportation improvements that are consistent with existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The funds shall be used specifically for financing the Duportail Bridge, and for annual improvements included in the city’s pavement preservation program.
B. The transportation improvements funded by the Richland TBD shall be made in an effort to reduce risk of transportation facility failure and to improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future.
C. The Richland TBD’s projects may be amended in accordance with the material change policy described in RMC 5.51.040 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. 02-17 § 2].
5.51.070 Dissolution of district.
A. The Richland TBD shall automatically dissolve when, as determined by resolution of the city council, all indebtedness of the district created to accomplish the improvements has been retired, and when all of the Richland TBD’s anticipated responsibilities have been satisfied. Automatic dissolution shall occur on or before December 31, 2039.
B. In addition to automatic dissolution as set forth above, the governing board reserves the right, as set forth in Chapter 36.73 RCW, to cause the dissolution of the Richland TBD for any legal reason. [Ord. 02-17 § 2].
5.51.080 Liberal construction.
This chapter shall be liberally construed to accomplish the purpose of establishing a transportation benefit district. [Ord. 02-17 § 2].
5.51.090 Severability.
A. If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter.
B. If the provisions of this chapter are found to be inconsistent with other provisions of the Richland Municipal Code, this chapter is deemed to control. [Ord. 02-17 § 2].