Chapter 12.40


12.40.010    Establishing transportation benefit district.

12.40.020    Governing board.

12.40.030    Powers of Ferndale TBD.

12.40.040    Transportation improvements funded.

12.40.050    Annual report to the public.

12.40.060    Dissolution of district.

12.40.070    Liberal construction.

12.40.900    Severability.

12.40.010 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the Ferndale Transportation Benefit District or “TBD” with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. (Ord. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.020 Governing board.

A.    The governing board of the transportation benefit district shall be the Ferndale City Council, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B.    The treasurer of the transportation benefit district shall be the City Finance Director.

C.    The City Council 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). At a minimum, if a transportation improvement exceeds its original cost by more than 20 percent, as identified in the TBD’s original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved.

D.    TBD business shall be conducted as part of regular City Council meetings, and the City Council shall assume all of the TBD’s rights, powers, functions and obligations. (Ord. 1923 § 1, 2015; Ord. 1858 § 1, 2014; Ord. 1686 § 3, 2011)

12.40.030 Powers of Ferndale TBD.

The Ferndale City Council 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. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.040 Transportation improvements funded.

The funds generated by Ferndale TBD shall be used for the TBD projects described in Section 2 of Ordinance 1686. The TBD projects may be amended in accordance with the material change policy described in FMC 12.40.020(C) and 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. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.050 Annual report to the public.

As required by RCW 36.73.160(2), as the same may be amended from time to time, the TBD shall post on the City’s website an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules. (Ord. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.060 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. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.070 Liberal construction.

This chapter is to be liberally construed to accomplish the purpose of establishing a transportation benefit district with the broadest possible authority under Chapter 36.73 RCW as it now exists or is hereafter amended. (Ord. 1923 § 1, 2015; Ord. 1686 § 3, 2011)

12.40.900 Severability.

If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 1923 § 1, 2015; Ord. 1686 § 3, 2011)