Chapter 2.70


2.70.010    Establishing transportation benefit district.

2.70.020    Governing board.

2.70.030    Authority of the district.

2.70.040    Use of funds.

2.70.050    Dissolution of the district.

2.70.060    Liberal construction.

2.70.010 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the “Blaine transportation benefit district” or district or “BTBD” within the geographical boundaries of the corporate limits of the city as they currently exist or as they may exist in the future following future annexations or deannexations. (Ord. 2896 § 3, 2017)

2.70.020 Governing board.

A. The governing board of the transportation benefit district shall be the Blaine city council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B. The affairs of the district shall be conducted and carried out by the governing board. The board shall elect among its members a president, vice president, and a secretary; provided, that the board in lieu of appointing one of its members as secretary may appoint the city manager or the city clerk as an ex officio nonvoting secretary.

C. Meetings of the board shall be governed by the procedural rules applicable to the city council as amended by the city council from time to time. Board actions shall be taken in the same manner and follow the same procedure as the adoption of city council resolutions. The meetings of the board shall comply with the Open Meetings Act. The district shall comply with the Public Records Act. All officials of the district shall be subject to Chapter 42.23 RCW, Code of Ethics for Municipal Officers – Contracts; provided, that the fact that the board members and officials and council members and city officials may serve or conduct work on behalf of either or both entities shall not be deemed a conflict of interest where the district and the city are parties to contracts and/or agreements.

D. Meetings of the board shall, whenever possible, take place on the same date and location as scheduled city council meetings at the Blaine City Hall.

E. The board may refer matters of business to a committee. The committees of the city council shall serve the board as requested, although all actions of the committee in regard to the district shall be independent of any action taken in support of the city council.

F. The city attorney shall serve as legal advice to the board, except where the city attorney has a conflict of interest, then the board may retain independent counsel for that limited purpose.

G. The treasurer of the transportation benefit district shall be the city finance director. Other city employees shall carry out the operations of the district as agreed to by the district and the city manager for the city of Blaine. Such employees shall be overseen by the city manager and/or his designee. The city manager shall have the authority to oversee all contracts of the district.

H. The electors of the district shall be the registered voters residing in the district.

I. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1).

J. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 2896 § 3, 2017)

2.70.030 Authority of the district.

A. The district 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, a vehicle fee in excess of $20.00 up to $100.00 as allowed by RCW 82.80.140. The TBD may impose an ad valorum tax pursuant to RCW 36.73.060, assess fees and/or charges as provided by RCW 36.73.065(4) and/or (6), 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, impose fees as provided by RCW 36.73.120, exercise the power of eminent domain in the same manner as authorized for the city, and accept and use gifts and grants.

B. The district may contract with the city for operations services and materials, office space and equipment, and to undertake and/or fund TIP/TBD projects undertaken jointly or by one entity or the other.

C. The board shall have and may exercise any powers provided by law to fulfill the purpose of the district. (Ord. 2896 § 3, 2017)

2.70.040 Use of funds.

The funds generated by the district may be used for any purpose allowed by law including to operate the district and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the city’s long-term investments in its infrastructure, to reduce the risk of transportation facility failure, to continue optimal performance of the infrastructure over time and to avoid more expensive infrastructure replacements in the future. Additional transportation improvement projects of the district may be funded only after compliance with the provisions of RCW 36.73.050(2). (Ord. 2896 § 3, 2017)

2.70.050 Dissolution of the district.

The district shall be automatically dissolved, pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness of the district has been retired and when all of the district’s anticipated responsibilities have been satisfied. (Ord. 2896 § 3, 2017)

2.70.060 Liberal construction.

As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. (Ord. 2896 § 3, 2017)