Chapter 3.120
TRANSPORTATION BENEFIT DISTRICT

Sections:

3.120.010    Formation of a transportation benefit district.

3.120.010 Formation of a transportation benefit district.

The town, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as “Twisp transportation benefit district” and “Twisp TBD,” subject to the following:

(1) General Authority. There is hereby created Twisp TBD with geographical boundaries comprised of the corporate limits of the town, as those boundaries may be adjusted in the future. Twisp TBD 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. Twisp TBD 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, enter into contract, to acquire, hold and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the town of Twisp shall apply to Twisp TBD.

(2) Powers and Operations.

(a) Twisp TBD shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including without limitation, the power by subsequent resolution to establish and impose an annual vehicle fee in the amount of $20.00 in accordance with RCW 36.73.065, as amended, and 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 $20.00 up to $100.00 as allowed by RCW 82.80.140. The Twisp 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 36.73.0810, contract for street and highway improvements, and for its operations, exercise the power of eminent domain in the same manner as authorized for the town and accept and use gifts and grants.

(b) Consistent with RCW 36.73.020(4), the secretary/treasurer of the Twisp TBD shall be the town clerk-treasurer. As such, the town clerk-treasurer shall establish those funds and accounts on behalf of the Twisp TBD as required and shall disburse funds and pay claims as approved by the Twisp TBD board and prepare and maintain such accounts as are appropriate and are required by state and federal law.

(c) The town attorney will serve as legal advisor to the Twisp TBD board, except where separate counsel is engaged by the Twisp TBD.

(d) Other town employees shall carry out the operations of the Twisp TBD as agreed by Twisp TBD and the town. Such employees and contracts of Twisp TBD shall be overseen and administered by the mayor and/or their designee.

(e) Twisp TBD may contract with the town for operations services and materials, office space and equipment, and to undertake and/or fund CFP projects undertaken jointly or by one entity or the other.

(3) Governing Board.

(a) The governing board of the Twisp TBD (the “Twisp TBD board”) shall be the Twisp town council. The Twisp TBD board shall have all those powers set forth in Chapter 36.73 RCW and this chapter.

(b) Meetings of the Twisp TBD board shall be governed by the procedural rules applicable to meetings of the town council, as those rules may be amended by the town council from time to time. Twisp TBD board action shall be taken by motion or resolution in the same manner and following the same procedure as for the adoption of town council resolutions. Meetings of the Twisp TBD board shall, whenever possible, take place on the same date scheduled for the town council meetings. The Twisp TBD board meeting shall comply with the state Open Public Meetings and Public Records Acts.

(4) Transportation Improvements Funded. The funds generated by the Twisp TBD shall be used for the Twisp TBD projects described in this chapter and/or allowed by state law.

(5) Annual Report to the Public. As required by RCW 36.73.160(2), as the same may be amended from time to time, Twisp TBD 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 Twisp TBD.

(6) Dissolution of Twisp TBD. Twisp TBD shall be dissolved pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness, if any, of Twisp TBD has been retired and when all of Twisp TBD’s anticipated responsibilities have been satisfied. (Ord. 707 § 3, 2016; Ord. 703 § 2, 2016)