Chapter 3.84
TRANSPORTATION BENEFIT DISTRICT*
Sections:
3.84.020 Formation of a transportation benefit district.
* Code reviser’s note: Sections 2 and 3 of Ord. 1823-15 provide: “The rights, powers, immunities, functions, and obligations of the Sedro-Woolley Transportation Benefit District are hereby assumed by the City of Sedro-Woolley which is hereby vested with every right, power, immunity, function, and obligation currently granted to or possessed by the TBD.
Immediately following the assumption of the TBD by the city, the Sedro-Woolley Transportation Benefit District Board of Directors is abolished as required by Section 303 (2) of Second Engrossed Substitute Senate Bill 5987.”
3.84.010 Findings.
The city council finds it is in the public interest to help provide an adequate level of funding for transportation improvements through establishment of a TBD. (Ord. 1808-14 § 1, 2014)
3.84.020 Formation of a transportation benefit district.
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 Sedro-Woolley Transportation Benefit District No. 1 (“SWTBD No. 1”), subject to the following:
A. Establishment of the Sedro-Woolley Transportation Benefit District—General Authority. There is hereby created SWTBD No. 1 with geographical boundaries comprised of the corporate limits of the city, as those boundaries may be adjusted in the future. SWTBD 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. SWTBD 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, to 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 Sedro-Woolley shall apply to the district.
B. Powers and Operations of SWTBD No. 1.
1. SWTBD 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, a sales and use tax in accordance with RCW 82.14.0455, and/or a 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.
2. Consistent with RCW 36.73.020(4), the secretary/treasurer of SWTBD No. 1 shall be the city finance director. As such, the finance director shall establish those funds and accounts on behalf of SWTBD No. 1 as required and shall disburse funds and pay claims as approved by the SWTBD board and prepare and maintain such accounts as are appropriate and/or required by state or federal law.
3. The city attorney will serve as legal advisor to the SWTBD board, except where separate counsel is engaged by SWTBD No. 1.
4. Other city employees shall carry out the operations of SWTBD No. 1 as agreed by SWTBD No. 1 and the city. Such employees and the contracts of SWTBD No. 1 shall be overseen and administrated by the mayor and/or her/his designee.
5. SWTBD 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.
C. Governing Board.
1. Consistent with RCW 36.73.020(3), the governing board of SWTBD No. 1 (the “SWTBD board”) shall be the members of Sedro-Woolley city council acting in an independent capacity. The SWTBD 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 SWTBD 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.
2. To carry out the purposes of this chapter, and subject to the provisions of RCW 36.73.065, the SWTBD board is authorized to impose the following taxes, fees, charges, and tolls:
a. A sales and use tax in accordance with RCW 82.14.0455;
b. A vehicle fee in accordance with RCW 82.80.140;
c. A fee or charge in accordance with RCW 36.73.120. However, if the city is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences would be exempt from the fee or charge under RCW 36.73.120; and
d. An ad valorem property tax as provided in RCW 36.73.060.
3. The SWTBD board may authorize and issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070.
4. The SWTBD board may form a local improvement district and impose assessments therefor and take those actions allowed and subject to the limitations of RCW 36.73.080.
5. As required by RCW 36.73.160(1), as the same may be amended from time to time, the SWTBD board shall develop a material change policy to address major plan changes that affect SWTBD project delivery or the ability to finance the plan for funding and implementing the SWTBD projects.
6. Meetings of the SWTBD 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. SWTBD board actions shall be taken by motion or resolution in the same manner and following the same procedure as for the adoption of city council resolutions. Meetings of the SWTBD board shall, whenever possible, take place on the same dates scheduled for city council meetings; provided, that the SWTBD 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 SWTBD board meetings shall comply with the state Open Public Meetings and Public Records Acts and the officials of SWTBD No. 1 shall be subject to Chapter 42.23 RCW, Code of Ethics for Municipal Officers – Contract Interests; provided, that the fact that SWTBD 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 SWTBD No. 1 and city are parties to contracts and/or agreements.
D. Transportation Improvements Funded. The funds generated by SWTBD No. 1 shall be used for the SWTBD projects described in this chapter and/or allowed by state law. The SWTBD projects may be amended in accordance with the material change policy described in subsection (C)(5) of this section 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.
E. Annual Report to Public. As required by RCW 36.73.160(2), as the same may be amended from time to time, SWTBD 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 to newspapers of record in SWTBD No. 1.
F. Dissolution of SWTBD No. 1. SWTBD No.1 shall be dissolved pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness, if any, of SWTBD No. 1 has been retired and when all of SWTBD No. 1’s anticipated responsibilities have been satisfied. (Ord. 1808-14 § 2, 2014)
3.84.030 Annual vehicle fee.
A. An annual vehicle fee in the amount of twenty dollars is hereby established consistent with RCW 36.73.065(4)(a)(i), to be collected by the Washington Department of Licensing on qualifying vehicles as set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW.
B. The annual vehicle license fee imposed hereby shall take effect for notices mailed in 2015 for vehicle license renewals due as soon thereafter as the Washington Department of Licensing is reasonably able to incorporate collection of the twenty dollar fee. Vehicle license fees will not be collected sooner than six months after approval as provided in RCW 82.80.140(4).
C. The revenues received from the twenty dollar vehicle license fee shall only be expended on transportation projects approved by the board of the district. The transportation projects to be funded with the revenues from the vehicle license fee shall be established by a separate resolution of the board of the district. (TBD Res. 1-14 §§ 1 – 3, 2014)