Chapter 12.18
TOPPENISH TRANSPORTATION BENEFIT DISTRICT
Sections:
12.18.010 Establishing transportation benefit district.
12.18.015 Assumption of transportation benefit district.
12.18.020 Authority regarding assumed powers.
12.18.030 Authority of the city.
12.18.040 Transportation improvements funded.
12.18.050 Dissolution of district.
12.18.060 Miscellaneous provisions.
12.18.010 Establishing transportation benefit district.
There is created a transportation benefit district to be known as the Toppenish transportation benefit district or “district” with geographical boundaries comprised of the corporate limits of the city, as they currently exist or as they may exist following future annexations. (Ord. 2012-2 § 2, 2012).
12.18.015 Assumption of transportation benefit district.
As of June 7, 2016, the city of Toppenish assumes all of the rights, powers, immunities, functions and obligations of the Toppenish transportation benefit district previously established in this chapter, and the city of Toppenish is hereby vested with each and every right, power, immunity, function and obligation granted to or possessed by the Toppenish transportation benefit district under Chapter 36.73 RCW, this chapter and/or any other applicable law as of the effective date of the ordinance codified in this chapter. The rights, powers, immunities, functions, and obligations previously exercised and/or performed by the governing body of the Toppenish transportation benefit district pursuant to this chapter are hereby assumed by and transferred to the city of Toppenish city council. (Ord. 2016-06 § 1, 2016).
12.18.020 Authority regarding assumed powers.
A. The Toppenish city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and this chapter.
B. The treasurer for the functions set forth in Chapter 36.73 RCW and this chapter shall be the finance director/city clerk.
C. The city council shall implement the material change policy previously adopted by the Toppenish transportation benefit district to address major plan changes that affect the project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).
D. The city council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 2016-06 § 2, 2016; Ord. 2012-2 § 2, 2012).
12.18.030 Authority of the city.
A. The city, acting by and through its city council, may continue to collect a vehicle fee previously authorized by the Toppenish transportation benefit district of $20.00 per vehicle as provided by RCW 82.80.140 or authorize a vehicle fee as follows:
1. Up to $40.00 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $20.00 has been imposed for at least 24 months; and/or
2. Up to $50.00 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $40.00 has been imposed for at least 24 months and the requirements of RCW 36.73.065(6) have been met.
B. Any expansion of the authorized purposes of the district shall be undertaken only after notice, hearing and adoption of an ordinance in accordance with RCW 36.73.050 or a vote of the people pursuant to RCW 36.73.065.
C. The city shall have and exercise all powers and functions provided by Chapter 36.73 RCW to fulfill the functions and purposes of Chapter 36.73 RCW and this chapter. (Ord. 2016-06 § 3, 2016; Ord. 2012-2 § 2, 2012).
12.18.040 Transportation improvements funded.
The funds generated by the transportation benefit district shall be used for transportation improvements that preserve, maintain, operate and/or improve the existing transportation infrastructure of the city, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for any lawful purpose under this chapter; but all funds raised through the transportation benefit district shall be expended only for such preservation, maintenance, operation and/or improvement in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended. The funds expended by the district shall preserve, maintain, operate, and/or improve the city’s existing 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 improvement of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(2)(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 2012-2 § 2, 2012).
12.18.050 Dissolution of district.
The transportation benefit district shall be automatically dissolved when all indebtedness of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. (Ord. 2012-2 § 2, 2012).
12.18.060 Miscellaneous provisions.
A. No Impairment of Existing Rights. Nothing in this chapter shall be construed as impairing or altering any existing rights acquired by the Toppenish 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 Toppenish transportation benefit district or division thereof or any officer thereof prior to the assumption of such rights, powers, immunities, functions and obligations by the city hereunder.
B. Rules, Regulations, Pending Business, and Contracts. All rules and regulations and all pending business before the board of the transportation benefit district shall be continued and acted upon by the city council. All existing contracts and obligations of the Toppenish 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 herein.
C. Records of the Toppenish Transportation Benefit District. All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Toppenish transportation benefit district shall be made available to the city.
D. Funds, Credits, Appropriations, Federal Grants or Other Assets. All funds, credits, or other assets held in connection with the rights, powers, immunities, functions and obligations of the Toppenish transportation benefit district assumed hereunder shall be assigned to the city. Any appropriations or federal grants made to the Toppenish transportation benefit district for the purpose of carrying out the rights, powers, immunities, 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, immunities, functions and obligations. (Ord. 2016-06 § 6, 2016).