Chapter 3.64
TRANSPORTATION BENEFIT DISTRICT

Sections:

3.64.010    Purpose.

3.64.020    Establishing transportation benefit district.

3.64.025    Transportation benefit district assumed by city.

3.64.030    Governing body.

3.64.050    Authority of the city.

3.64.060    Transportation improvements fund.

3.64.070    Dissolving.

3.64.010 Purpose.

The purpose of this chapter is to establish a transportation benefit district pursuant to RCW 35.21.225 and Chapter 36.73 RCW. The city council of Battle Ground finds that it is in the public interest to provide adequate levels of funding for the purposes of ongoing transportation improvements that preserve, maintain and, as appropriate, construct or reconstruct the transportation infrastructure of the city of Battle Ground consistent with Chapter 36.73 RCW. (Ord. 14-15 § 1, 2014)

3.64.020 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the Battle Ground transportation benefit district or “district” with geographical boundaries comprised of the corporate limits of the city as they currently exist or as they may expand in their existence following future annexation. (Ord. 14-15 § 2(1), 2014)

3.64.025 Transportation benefit district assumed by city.

The city council hereby assumes all rights, powers, immunities, functions and obligations of that certain transportation benefit district established by Ordinance No. 14-15 and known as the Battle Ground transportation benefit district with geographical boundaries comprised of the corporate limits of the city as they currently exist or as they may exist following future annexations. The Battle Ground transportation benefit district shall hereby cease to exist as a separate entity. (Ord. 16-03 § 3, 2016)

3.64.030 Governing body.

A.    The Battle Ground city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B.    The city council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).

C.    The city finance director shall perform all financing and treasurer functions required by Chapter 36.73 RCW.

D.    The city shall implement the material change policy previously adopted by the Battle Ground transportation benefit district to address major plan changes that affect project delivery of or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). (Ord. 16-03 § 4, 2016: Ord. 14-15 § 2(2), 2014)

3.64.050 Authority of the city.

A.    The city council may, by ordinance, authorize a vehicle tax fee of up to the limits as provided for by RCW 82.80.140. Any expansion of the authorized transportation improvement purposes shall be undertaken only after notice, hearing and adoption of an ordinance in accordance with RCW 36.73.050(2)(b) or a vote of the people pursuant to RCW 36.73.065(3).

B.    When authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, other taxes, fees, charges and tolls or increases in these revenue services may be assessed for the preservation, maintenance and operations of city streets. Additional transportation improvements may be added to the functions of the city council acting pursuant to Chapter 36.73 RCW upon compliance with the requirements of said chapter.

C.    The city council shall have and exercise all powers and functions provided by Chapter 36.73 RCW to fulfill the functions set forth therein. (Ord. 16-03 § 5, 2016: Ord. 14-15 § 2(4), 2014)

3.64.060 Transportation improvements fund.

The funds generated by the transportation benefit district shall be used for transportation improvements that construct, reconstruct, preserve, maintain and operate the existing transportation infrastructure of the city of Battle Ground consistent with the criteria of Chapter 36.73 RCW and as contained in the city’s transportation plan. Funds may be utilized for any lawful purposes under the chapter, but all funds raised through the TBD shall be expended only for such preservation, maintenance and operation, construction and reconstruction in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended.

The funds expended by the transportation benefit district shall construct, reconstruct, 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 projects may be funded only after compliance with provisions of RCW 36.73.050(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 14-15 § 2(5), 2014)

3.64.070 Dissolving.

Transportation benefit district shall be automatically dissolved in accordance with and in the matter provided in state law, when all indebtedness of the district has been retired and when all the district’s anticipated responsibilities have been satisfied. (Ord. 14-15 § 2(6), 2014)