Chapter 3.44
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.44.015 Assumption of transportation benefit district.
3.44.020 Formation of a transportation benefit district.
3.44.010 Findings.
The town council finds it in the public interest to provide adequate levels of funding for transportation improvements through establishment of a transportation benefit district (TBD or district). The council further finds the TBD projects included within the town’s six-year transportation improvement program constitute transportation improvements that may be funded by a TBD. (Ord. 1539 § 1, 2014)
3.44.015 Assumption of transportation benefit district.
A. From and after the effective date of the ordinance codified in this section, the town council of Friday Harbor assumes all of the rights, powers, immunities, functions, and obligations of the Friday Harbor transportation benefit district previously established in this chapter, and the town of Friday Harbor is hereby vested with each and every right, power, immunity, function, and obligation granted to or possessed by the Friday Harbor 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 section.
B. Pursuant to Section 303, subsection (2) of 2ESSB 5987, the governing body of the Friday Harbor transportation benefit district established in FHMC 3.44.020 is hereby abolished. All references herein to the TBD board shall mean the town council and references to TBD or district shall mean the town. (Ord. 1581 § 2, 2015)
3.44.020 Formation of a transportation benefit district.
A. Establishing a Transportation Benefit District. Pursuant to RCW 35.21.225 and Chapter 36.73 RCW, there is created a transportation benefit district (“TBD”). The geographical boundaries of the TBD shall be comprised of the corporate limits of the town, including any adjustment to these boundaries following future annexations.
B. Governing Board.
1. The town council shall have and may exercise any and all powers and functions provided by Chapter 36.76 RCW to fulfill the purposes of this chapter.
2. Consistent with RCW 36.73.020(4), the secretary/treasurer of the TBD shall be the town finance officer acting in an ex officio capacity.
3. As required by RCW 36.73.160(1), the district board shall develop a “material change policy” to address major plan changes affecting project delivery or the ability to finance the plan including material changes to cost, scope and schedule, the level of change that requires the board’s involvement, and how the board will address those changes.
4. Meetings of the TBD board shall be governed by the procedural rules applicable to meetings of the town council, as those rules may be amended from time to time by it. TBD board actions shall be taken in the same manner and follow the same procedures as for adoption of town council resolutions.
5. The TBD board shall elect a chair to preside over meetings of the said board.
C. Powers of Transportation Benefit District. The district possesses all the powers and authority of a transportation benefit district authorized under Chapter 36.73 RCW including (without limitation) the power to request voter approval of, and thereafter imposition and collection of, a sales and use tax in accordance with RCW 82.14.0455.
D. Transportation Improvements Funded. The funds imposed and generated by the district shall be used for the district projects generally identified in FHMC 3.44.010 and such others as may be included in compliance with the requirements of RCW 36.73.050(2)(b) and with the material change policy described in subsection (B)(3) of this section.
E. Annual Report to the Public. As required by RCW 36.73.160(2), the TBD shall issue an annual report indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the TBD.
F. Dissolution of Transportation Benefit District. The TBD shall be dissolved consistent with procedures described in Chapter 36.73 RCW, when all indebtedness, if any, of the TBD has been retired and when the district’s responsibilities have been met. (Ord. 1581 § 3, 2015; Ord. 1539 § 2, 2014)