Chapter 2.70
TRANSPORTATION BENEFIT DISTRICT
Sections:
2.70.010 Establishing transportation benefit district.
2.70.030 Transportation improvement funded.
2.70.040 Establishment of revenue sources.
2.70.050 No existing rights impaired.
2.70.060 Rules, regulations, pending business, and contracts.
2.70.070 Reports, books, and records.
2.70.080 Funds, credits, appropriations, federal grants, or other assets.
2.70.090 Assumption of indebtedness.
2.70.100 Liberal construction.
2.70.010 Establishing transportation benefit district.
There is created, to carry out all functions allowed by statute, a transportation benefit district within the geographical boundaries of the corporate limits of the city existing on date of adoption of the ordinance codified in this chapter. The name of the transportation benefit district shall be the “transportation benefit district of the city of Sequim, Washington.” (Ord. 2017-021 § 2 (Exh. A); Ord. 2017-016 § 2; Ord. 2016-008 § 2; Ord. 2015-009 § 2; Ord. 2014-015 § 2; Ord. 2013-013 § 2; Ord. 2011-023 § 2; Ord. 2010-017 § 2; Ord. 2010-004 § 2; Ord. 2009-036 § 1; Ord. 2008-012 § 2; Ord. 2008-008 § 2)
2.70.020 Governing board.
As authorized pursuant to RCW 36.74.030(2), the governing body of the Sequim transportation benefit district established pursuant to RCW 36.73.020 is hereby abolished and the city of Sequim city council (“city council”) hereby assumes and is vested with all the rights, powers, functions and obligations previously vested, exercised and/or performed by the governing body of the Sequim transportation benefit district. (Ord. 2017-021 § 2 (Exh. A); Ord. 2017-016 § 2; Ord. 2016-008 § 2; Ord. 2015-009 § 2; Ord. 2014-015 § 2; Ord. 2013-013 § 2; Ord. 2011-023 § 2; Ord. 2010-017 § 2; Ord. 2010-004 § 2; Ord. 2009-036 § 1; Ord. 2008-012 § 2; Ord. 2008-008 § 2)
2.70.025 City authority.
The city has the authority to exercise the rights, powers, functions and obligations set forth in this chapter and Chapter 36.73 RCW, as currently enacted and subsequently amended. (Ord. 2017-021 § 2 (Exh. A))
2.70.030 Transportation improvement funded.
One hundred percent of the funds generated by the transportation benefit district shall be used towards the payment of the estimated funding shortfall needed for the improvements identified in the city’s Transportation Improvement Program as adopted by the city and other transportation projects as deemed necessary. (Ord. 2018-007 § 1; Ord. 2017-021 § 2 (Exh. A); Ord. 2017-016 § 2; Ord. 2016-008 § 2; Ord. 2015-009 § 2; Ord. 2014-015 § 2; Ord. 2013-013 § 2; Ord. 2011-023 § 2; Ord. 2010-017 § 2; Ord. 2010-004 § 2; Ord. 2009-036 § 1; Ord. 2008-012 § 2; Ord. 2008-008 § 2)
2.70.040 Establishment of revenue sources.
A. Through majority vote of the registered voters residing within the district, an up to two-tenths of one percent increase in the sales and use tax on taxable goods will be requested (e.g., from 8.4 percent to 8.6 percent). The sales and use tax shall be collected by the businesses located within the transportation benefit district and remitted to the State of Washington Department of Revenue for remittance back to the district as set forth in RCW 82.14.0455.
B. Through petition of a majority of the property owners that reside within the district or by majority vote of the registered voters that reside within the district, whichever applies, the formation of a local improvement district or special assessment or other approved and authorized assessments may be enacted, as provided under RCW 36.73.070 and 36.73.080, for the purpose of providing capital improvements in the applicable area.
C. The transportation benefit district is not intended to subsidize development; therefore, imposition of a fee may be charged on building construction or land development, such as a per trip charge, as authorized under RCW 36.73.120 and subject to the provisions of RCW 36.73.065 and Chapters 39.92, 43.21C, and 82.02 RCW.
D. The transportation benefit district is also authorized to perform all functions of a transportation benefit district allowed by law. (Ord. 2017-021 § 2 (Exh. A); Ord. 2017-016 § 2; Ord. 2016-008 § 2; Ord. 2015-009 § 2; Ord. 2014-015 § 2; Ord. 2013-013 § 2; Ord. 2011-023 § 2; Ord. 2010-017 § 2; Ord. 2010-004 § 2; Ord. 2009-036 § 1; Ord. 2008-012 § 2; Ord. 2008-008 § 2)
2.70.050 No existing rights impaired.
Pursuant to RCW 36.74.040, nothing in this chapter will be construed as impairing or altering any existing rights acquired by the Sequim transportation benefit district under Chapter 36.73 RCW, this chapter, or any other provision of law applicable to transportation benefit districts. Nor does this assumption impair or alter any actions, activities, or proceedings validated thereunder; any civil or criminal proceedings instituted thereunder; any rule, regulation, or order promulgated thereunder; any administrative action taken thereunder; nor the validity of any act performed by the Sequim transportation benefit district or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the city as authorized by law. (Ord. 2017-021 § 2 (Exh. A))
2.70.060 Rules, regulations, pending business, and contracts.
Pursuant to RCW 36.74.050(1), all rules and regulations and all pending business before the board of the Sequim transportation benefit district is continued and acted upon by the city council. In addition, pursuant to RCW 36.74.050(2), all existing contracts and obligations of the Sequim transportation benefit district remain in full force and effect and will be performed by the city. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized in the ordinance codified in this chapter. (Ord. 2017-021 § 2 (Exh. A))
2.70.070 Reports, books, and records.
Pursuant to RCW 36.74.060(1), all reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Sequim transportation benefit district will be made available to the city. (Ord. 2017-021 § 2 (Exh. A))
2.70.080 Funds, credits, appropriations, federal grants, or other assets.
Pursuant to RCW 36.74.060(2), all funds, credits, or other assets held in connection with rights, powers, duties, and functions of the Sequim transportation benefit district assumed hereunder are assigned to the city. Further, pursuant to RCW 36.74.060(3), any appropriations or federal grant made to the Sequim transportation benefit district (if any) for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by the city must, on the effective date of the assumption, be credited to the city for the purpose of carrying out such assumed rights, powers, functions, and obligations. (Ord. 2017-021 § 2 (Exh. A))
2.70.090 Assumption of indebtedness.
Pursuant to RCW 36.74.070, the city assumes and agrees to provide for the payment of all of the indebtedness of the Sequim transportation benefit district, including the payment and retirement of outstanding general obligation and revenue bonds (if any) issued by the Sequim transportation benefit district. (Ord. 2017-021 § 2 (Exh. A))
2.70.100 Liberal construction.
As authorized pursuant to Chapter 36.73 RCW, this chapter will be liberally construed to permit the accomplishment of its purposes. (Ord. 2017-021 § 2 (Exh. A))