Chapter 5.100
TRANSPORTATION BENEFIT DISTRICT

Sections:

5.100.010    Purpose.

5.100.020    Formation of a transportation benefit district.

5.100.030    Transportation benefit district boundaries.

5.100.040    Transportation benefit district governing board.

5.100.050    Powers of the transportation benefit district.

5.100.060    Transportation improvements funded.

5.100.070    Dissolution of district.

5.100.010 Purpose.

The purpose of this chapter is to establish a transportation benefit district pursuant to and consistent with RCW 35.21.225 and Chapter 36.73 RCW, as the city council finds it is in the public interest to provide adequate levels of funding for the purposes of implementing and funding the transportation improvements set forth in this chapter including ongoing transportation improvements of the city as set forth in the six-year comprehensive street program. (Ord. 2011-60 § 1)

5.100.020 Formation of a transportation benefit district.

The city of Wenatchee, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates the city of Wenatchee transportation benefit district, hereinafter referred to as the TBD. (Ord. 2011-60 § 1)

5.100.030 Transportation benefit district boundaries.

The boundaries of the TBD shall include the entire city of Wenatchee as the boundaries currently exist or may be expanded upon annexation. (Ord. 2011-60 § 1)

5.100.040 Transportation benefit district governing board.

Consistent with RCW 36.73.0202(3), the governing board of the TBD shall be the city of Wenatchee city council, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

(1) As required by RCW 36.73.160(1), the governing board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan.

(2) The governing board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(3).

(3) Meetings of the governing board shall be governed by the procedural rules applicable to the meetings of the city council. Governing board actions shall be taken in the same manner and follow the same procedure as for the adoption of resolutions by the city council. Meetings of the governing board shall, whenever possible, take place on the same dates scheduled for city council meetings.

(4) Consistent with RCW 36.73.020(4), the city treasurer shall be the treasurer of the transportation benefit district. (Ord. 2015-35 § 2; Ord. 2011-60 § 1)

5.100.050 Powers of the transportation benefit district.

The TBD 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. (Ord. 2011-60 § 1)

5.100.060 Transportation improvements funded.

(1) The funds generated by the TBD may be used for any purpose allowed by law, including to operate the TBD and to make annual transportation improvements that are consistent with existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The funds shall be used specifically for annual improvements for the operation, preservation and maintenance of the city’s existing transportation improvements, facilities and programs set forth in the six-year comprehensive street program, a copy of which is attached to the ordinance codified in this chapter and to include the allocation of 10 percent of revenue generated pursuant to this chapter to implement the pedestrian-related projects included in the six-year comprehensive program.

(2) The transportation improvements funded by the TBD shall be made in the effort to reduce risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future.

(3) The transportation improvements funded by the district shall be made on an annual basis not to exceed the six-year time period of the six-year comprehensive street program. Transportation improvement projects shall be completed on an annual basis as funding is made available. The district shall not be obligated to continue the operation and existence of the district for the full six years if the governing board elects to dissolve the district pursuant to Chapter 36.73 RCW.

(4) The TBD projects may be amended in accordance with the material change policy described in WCC 5.100.040 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. (Ord. 2011-60 § 1)

5.100.070 Dissolution of district.

The TBD shall be dissolved when all transportation improvements associated with the operation, preservation and maintenance of the city’s existing transportation improvements, facilities and programs set forth in the city’s six-year comprehensive street program have been completed, all indebtedness of the district created to accomplish the improvements has been retired, and when all of the TBD’s anticipated responsibilities have been satisfied. However, in the event no bonds have been issued by the TBD, the TBD shall automatically dissolve on December 31, 2030, unless otherwise amended by ordinance.

In addition to the automatic dissolution of the TBD as set forth above, the governing board reserves the right, as set forth in Chapter 36.73 RCW, to cause the dissolution of the TBD for any legal reason. (Ord. 2014-21 § 1; Ord. 2011-60 § 1)