Chapter 3.28


Article I. Sales and Use Tax and Creation of Public Infrastructure Fund

3.28.010    Sales and use tax imposed.

3.28.020    Establishment of public infrastructure fund.

3.28.030    Use of funds.

3.28.040    Effective date – Expiration date.

Article II. Administration of Public Infrastructure Fund

3.28.050    Definitions.

3.28.060    Administration of fund.

3.28.070    Consultation.

3.28.080    Public infrastructure fund board.

3.28.090    Composition of the public infrastructure fund board.

3.28.100    Public infrastructure fund board meetings.

3.28.110    Project evaluation criteria for use by PIF board.

3.28.120    Eligible projects.

3.28.130    Grant and loan parameters.

3.28.140    Modifying grant and loan terms.

3.28.150    Application review process – Staff functions.

3.28.160    Severability.

3.28.170    Venue.

Article I. Sales and Use Tax and Creation of Public Infrastructure Fund

3.28.010 Sales and use tax imposed.

(1) There hereby is imposed by this chapter a sales and use tax for economic development pursuant to RCW 82.14.370 upon every taxable event, as defined in Chapter 82.14 RCW, occurring within the county. The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. This tax shall be in addition to other sales and use tax imposed by the county.

(2) The rate of tax imposed by this chapter shall be 0.09 percent of the selling price in the case of a sales tax or the value of the article used in the case of a use tax, or if state statute is revised, the rate of tax shall be the maximum rate authorized by statute.

(3) The tax imposed by this chapter shall be collected by the state, and shall be credited against the amount of sales or use tax due to the state upon the same taxable event under Chapter 82.08 or 82.12 RCW.

(4) The tax imposed by this chapter shall be administered and collected in accordance with RCW 82.14.050. The chair of the board of county commissioners is hereby authorized to and directed to execute contracts with the Washington State Department of Revenue that may be necessary to provide for the administration or collection of the tax. [Ord. 13-18 § 1 (App. A)]

3.28.020 Establishment of public infrastructure fund.

There hereby is created the public infrastructure fund. Monies collected pursuant to this chapter shall be deposited in the PIF by the county treasurer and shall be administered and dispersed as provided for by law. The fund balance in the PIF may be invested by the county treasurer and any interest earned, net after the county treasurer’s fees as provided for by law, shall be deposited in the PIF as well. [Ord. 13-18 § 1 (App. A)]

3.28.030 Use of funds.

(1) Monies deposited in the PIF only shall be used for purposes as authorized by the laws of the state of Washington and this chapter.

(2) PIF funds may be used for the following purposes:

(a) To finance eligible public facilities of local public agencies serving economic development purposes;

(b) To finance the planning, design and construction of the tri-area sewer system using $240,000 annually of monies collected under this chapter to the tri-area sewer fund, pursuant to JCC 3.36.030. In addition, after consultation with the public infrastructure fund board, additional public infrastructure funds may be awarded to the tri-area sewer system as an eligible public facility, pursuant to subsection (2)(a) of this section;

(c) To pay or secure the payment of bonds issued for eligible public facility projects of local public agencies under this chapter;

(d) To finance personnel in economic development offices; and

(e) To pay the county’s cost for administering the PIF, charged to the PIF in accordance with the county’s administrative policies and cost allocation plan, not to exceed five percent of annual PIF revenues.

(3) No new projects funded with money collected under this section may be for justice system facilities. [Ord. 4-21 Exh. A; Ord. 13-18 § 1 (App. A)]

3.28.040 Effective date – Expiration date.

The sales and use tax codified in this chapter took effect August 1, 2007, and, unless extended by a change in state law, shall expire as provided in RCW 82.14.370(4)(b) 25 years after the date the 0.09 percent tax rate was first imposed by the county, namely on July 31, 2032. If extended by state law, the expiration date shall be extended to the latest date authorized by the extension per state law. [Ord. 13-18 § 1 (App. A)]

Article II. Administration of Public Infrastructure Fund

3.28.050 Definitions.

(1) “Economic development purposes” has the same meaning as in RCW 82.14.370(3)(c)(ii).

(2) “EDC” means the economic development council team Jefferson or the associate development organization designated by the county to Washington State.

(3) “Emergent opportunity” means a project tied to an opportunity to attract or retain businesses or jobs, or to leverage other funding for a project in Jefferson County, that has a short time window for being successful in that opportunity.

(4) “In-kind expenses” means donated or loaned real or personal property, volunteer services, and employee services.

(5) “Local government pool rate” means the rate of interest charged for loans as determined by the local government investment pool (LGIP) enacted by RCW 43.250.010.

(6) “Local public agency” means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; and any Indian tribe recognized as such by the federal government.

(7) “PIF” means the public infrastructure fund.

(8) “PIF administrator” means the county administrator, or his/her designee, who shall carry out the duties assigned within this chapter as the administrator, and any other duties relating to the PIF assigned by the board of commissioners.

(9) “PIF board” means the public infrastructure fund board.

(10) “Project” means the planned design, permitting and/or construction of a public facility that meets the eligibility criteria of RCW 82.14.370.

(11) “Public facility” means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural gas facilities, research, testing, training, and incubation facilities in innovation partnership zones designated under RCW 43.330.270, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities, if listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county’s Comprehensive Plan, or the comprehensive plan of the incorporated area(s) located within Jefferson County.

(12) “RCW” means the Revised Code of Washington as it now exists or may be amended in the future. [Ord. 13-18 § 1 (App. A)]

3.28.060 Administration of fund.

The PIF shall be administered by the board of county commissioners through the PIF administrator or designee in conformance with state law and the Jefferson County Code. However, the Jefferson County treasurer shall assume the responsibility for administering loans. [Ord. 13-18 § 1 (App. A)]

3.28.070 Consultation.

In implementing this chapter, the county shall consult with all cities, towns, and port districts within the county, and the associate development organization serving the county. This may be accomplished by consulting with the PIF board. [Ord. 13-18 § 1 (App. A)]

3.28.080 Public infrastructure fund board.

(1) Prior to awarding PIF funds to any project, the county shall consult with the PIF board for its recommendations to ensure that the expenditure meets the goals and the requirements of RCW 82.14.370 and this chapter. The PIF board’s recommendations shall be forwarded to the board of county commissioners, who shall have final authority to approve, modify or deny any project applications and the terms of any PIF grant or loan.

(2) The PIF board may make recommendations for improving the administration of the PIF to the board of county commissioners. [Ord. 13-18 § 1 (App. A)]

3.28.090 Composition of the public infrastructure fund board.

(1) The PIF board shall consist of up to eight members:

(a) The Jefferson County Public Utility District No. 1, the city of Port Townsend, the port of Port Townsend, and Jefferson County shall each have the right to have one elected official or their designee to serve on the PIF board.

(b) The associate development organization (ADO) serving the county shall have the right to recommend a member of the ADO board or ADO staff to serve on the PIF board.

(c) Each entity may each also recommend appointment of one alternate to participate in the absence of their designated member.

(d) The remaining three seats shall be considered at-large positions and will be filled by the board of county commissioners as follows: one representative from each commissioner district will be appointed by the board of county commissioners.

(e) The board of county commissioners shall have final authority to approve and appoint all members and alternates of the PIF board. The Jefferson County representative shall chair the PIF board.

(2) Additional Criteria for PIF Board Membership. Members of the PIF board should possess the technical knowledge necessary to evaluate project proposals based on their technical and economic development merits. Any person acting pursuant to the PIF board shall comply with all state and local ethical requirements and conflict of interest laws. [Ord. 13-18 § 1 (App. A)]

3.28.100 Public infrastructure fund board meetings.

(1) Meetings of the PIF board shall be conducted in accordance with state law including the Open Public Meetings Act.

(2) The PIF board shall meet at least annually to review the status of prior awards and to consider whether to invite additional project funding applications, and shall meet on other occasions as necessary as determined by the chair of the PIF board.

(3) All actions by the PIF board shall be expressed by adoption of a motion and/or resolution. All resolutions, once adopted in final written form, shall be signed as approved by the chair on behalf of the PIF board. Meeting minutes of all actions taken shall be kept, subject to approval by the PIF board at a subsequent meeting.

(4) The PIF board may transact business via teleconference. Teleconference meetings shall be announced in accordance with state law. A speakerphone shall be utilized during the public meeting to allow members of the public to hear PIF board proceedings and, at the discretion of the chair, participate in discussions by PIF board members.

(5) No representations utilizing the name of the public infrastructure fund board to endorse or oppose any issue shall originate from any member of the PIF board, unless a motion or resolution passed by a majority of the members of the PIF board approves such position.

(6) Quorum. A quorum shall be considered present for a PIF board meeting when at least five members are present.

(7) Voting. Voting shall be by voice vote. In lieu of voice vote, any member may request a roll call vote. A majority of affirmative votes by PIF board members present at the meeting that has a quorum is necessary for the exercise of any power or function of the PIF board. [Ord. 13-18 § 1 (App. A)]

3.28.110 Project evaluation criteria for use by PIF board.

The priority of the PIF is to create an environment that encourages the creation and retention of jobs and businesses by stimulating private investment that will, in turn, improve the economy of the residents of the incorporated and unincorporated areas of Jefferson County. Grants and loans for projects shall only be given for public facilities that serve an economic development purpose in the county. The PIF board shall consider the following criteria to evaluate projects:

(1) Public facility projects that have a higher probability of successfully creating or retaining significant numbers of jobs including unskilled, semi-skilled, and skilled jobs; or that have a large job-creation-to-PIF funding ratio.

(2) Projects that leverage significant outside funding and/or partnerships.

(3) Projects that would develop, re-develop, in-fill or expand existing or planned infrastructure systems necessary to create or retain jobs.

(4) Projects with a higher match percentage. The match may include project-related expenditures for a period up to one year prior to the request for funding.

(5) Projects that will retain or create jobs or benefit the economy in priority economic sectors or economic centers in the incorporated or unincorporated areas of Jefferson County.

(6) Projects that also successfully mitigate for significant adverse environmental impacts, if applicable.

(7) Consideration may be given for critical timing; emergent opportunities.

(8) Consistency with and implementation of an adopted countywide economic development plan or strategy, the economic element of an adopted comprehensive plan, or an adopted comprehensive economic development strategy (CEDS).

(9) Other criteria as the PIF board may determine, consistent with RCW 82.14.370, and the adopted comprehensive economic development strategy (CEDS) or the adopted comprehensive plan of the jurisdiction where a project is located.

When recommending for and against projects for funding from the PIF for consideration by the board of county commissioners, the PIF board will report its criteria, and its evaluation of each project. [Ord. 13-18 § 1 (App. A)]

3.28.120 Eligible projects.

To be eligible for PIF financing, projects must:

(1) Meet the requirements of RCW 82.14.370;

(2) Comply with federal, state and local laws;

(3) Be consistent with the economic development section of the county Comprehensive Plan, or the comprehensive plan of the incorporated area(s) of Jefferson County;

(4) Be a project located within Jefferson County;

(5) Be a project of a local public agency within Jefferson County, and that agency shall also be the recipient of PIF financing. All project applications shall include a resolution of support adopted by the governing body of the public agency applying for the PIF funds. [Ord. 13-18 § 1 (App. A)]

3.28.130 Grant and loan parameters.

Project grants and loans shall meet the following parameters:

(1) PIF funds provided for public facility project applications shall not exceed 80 percent of the project cost. The cost may include in-kind expenses.

(2) If a loan, the loan term of the loan shall not exceed the useful life of the asset.

(3) Subject to final approval by the board of county commissioners, the terms for all grant and/or loan agreements are subject to negotiation with the applicant, in a form approved by the county prosecuting attorney, and in the case of loans, the county treasurer as well.

(4) The rate of interest for a loan will be a mutually agreed rate, which may consider the local government pool rate and the U.S. Department of the Treasury daily Treasury bill yield curve rates for the term of the intended loan. The loan may be subject to a reasonable loan origination fee. PIF loan principal and interest payments will be reinvested in the PIF; provided, that the interest shall first be subject to a treasurer’s investment service fee in accordance with RCW 36.29.020.

(5) All customary and usual loan fees may be charged to applicants including, but not limited to, title insurance, escrow, attorney fees, recording fees, and loan origination fees.

(6) Loans will be general obligations of the eligible PIF fund recipient, committing its full faith and credit. Care will be taken that proper borrowing or grant-funding resolutions are obtained. Loans shall not be made which will cause the jurisdiction to exceed its legal borrowing limits.

(7) Grant funds may be disbursed upon completion of the project, or as draws upon completion of pre-determined phases of the project, and disbursements should be consistent with progress of the project including the commitment of other necessary funding sources.

(8) The PIF funds may be used by eligible public entities as a local match against other grants and loans, such as the public works assistance account, provided the project fulfills the requirements of RCW 82.14.370. [Ord. 13-18 § 1 (App. A)]

3.28.140 Modifying grant and loan terms.

(1) There may be circumstances that warrant modification of the original terms of the grant or loan. The grantee or borrower may apply for modification with supporting information justifying the request for modification and supporting documentation. Final approval rests with the board of county commissioners.

(2) The PIF administrator or the county treasurer may recommend corrective action to the terms of a loan or grant to the board of county commissioners without a request from the borrower or grantee, but shall give the borrower or grantee 14 days’ notice of any such corrective action. [Ord. 13-18 § 1 (App. A)]

3.28.150 Application review process – Staff functions.

(1) The PIF administrator, or his/her designee, shall help prepare application forms and review submitted proposals for program objectives, eligibility requirements, selection criteria, and loan terms with any potential applicant. Project applicants submitting incomplete documentation will be noticed within 10 business days of receipt. The PIF administrator may request any additional information not submitted with the application that the PIF administrator deems necessary for the PIF board to review the application.

(2) A recommendation by the PIF board to approve or deny a loan or grant application is not appealable; however, an applicant may submit a proposal more than once.

(3) Treasurer’s Office Services. The county treasurer’s office shall be responsible for monitoring all loan repayment schedules and performance and for reporting delinquent loans. Any loan that is in excess of 30 days past due must be brought to the attention of the PIF administrator. In the case that the county treasurer’s office learns of adverse circumstances that may affect the loan, the county treasurer’s office shall notify the PIF administrator.

(4) In the event of serious failure to comply with the terms and conditions of the program or financial default, the PIF administrator shall call an emergency meeting of the PIF board to consider remedial steps. Recommendations of the PIF board regarding noncomplying loans and grants shall be in writing and appealable to the board of county commissioners. [Ord. 13-18 § 1 (App. A)]

3.28.160 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. [Ord. 13-18 § 1 (App. A)]

3.28.170 Venue.

For any lawsuit arising from this chapter, any loan granted by the county board of commissioners from PIF funds, or any decision of the PIF board, venue shall lie only in the superior court in and for Jefferson County. [Ord. 13-18 § 1 (App. A)]