Chapter 3.65
KELSO TRANSPORTATION BENEFIT DISTRICT

Sections:

3.65.010    Transportation benefit district assumed by city.

3.65.020    Governing body.

3.65.030    Functions of the city council.

3.65.035    Sales and use tax for transportation benefit district.

3.65.040    Transportation improvements funded.

3.65.010 Transportation benefit district assumed by city.

The city council hereby assumes all rights, powers, immunities, functions and obligations of that certain transportation benefit district established by Ordinance 3778 and known as the Kelso transportation benefit district with geographical boundaries comprised of the corporate limits of the city as they currently exist or as they may exist following future annexations. The Kelso transportation benefit district shall hereby cease to exist as a separate entity. (Ord. 3856 § 3, 2015; Ord. 3778 § 2, 2012)

3.65.020 Governing body.

A. The Kelso city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B. The city finance director shall perform all financing and treasurer functions required by Chapter 36.73 RCW.

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 twenty percent, as identified in the original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved.

D. The city council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 3856 § 3, 2015; Ord. 3778 § 2, 2012)

3.65.030 Functions of the city council.

A. The city council may, by ordinance, authorize a vehicle tax fee of up to the limits as provided for by RCW 82.80.140. Any expansion of the authorized transportation improvement purposes shall be undertaken only after notice, hearing and adoption of an ordinance in accordance with RCW 36.73.050(2)(b) or a vote of the people pursuant to RCW 36.73.065(3).

B. When authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, other taxes, fees, charges and tolls or increases in these revenue services may be assessed for the preservation, maintenance and operations of city streets. Additional transportation improvements may be added to the functions of the city council acting pursuant to Chapter 36.73 RCW upon compliance with the requirements of said chapter.

C. The city council shall have and exercise all powers and functions provided by Chapter 36.73 RCW to fulfill the functions set forth therein. (Ord. 3856 § 3, 2015; Ord. 3778 § 2, 2012)

3.65.035 Sales and use tax for transportation benefit district.

A. Addition of One-Tenth of One Percent Sales Tax. The city council as the governing board of the city of Kelso transportation benefit district finds that it is in the best interest of the city and district to impose a sales and use tax of one-tenth of one percent pursuant to RCW 36.73.040(3)(a), 36.73.065(4)(v), and 82.14.0455 for the purpose of raising revenue to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund transportation improvements in the district, and to impose such sales and use tax. The sales and use tax shall be imposed for a period not exceeding ten years. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, as amended, upon the occurrence of any taxable event within the boundaries of the city of Kelso transportation benefit district which is conterminous with the city of Kelso city limits.

B. Description of Transportation Improvements. The revenues from a sales and use tax may be used to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund the following described transportation improvements:

1. Projects in the district identified in the city of Kelso’s capital improvement program and the city of Kelso’s six-year transportation improvement program;

2. Expanded projects identified in accordance with RCW 36.73.160, as amended.

The cost of all construction, maintenance, preservation, operation, design, engineering, construction management, financial, legal and other consulting services, inspection and testing, administrative and relocation expenses, and other costs incurred in connection with the foregoing described transportation benefit district projects shall be deemed to be part of the transportation improvements. (Ord. 3988 §§ 2, 3, 2022)

3.65.040 Transportation improvements funded.

The funds generated under the authority of Chapter 36.73 RCW shall be used for transportation improvements that construct, preserve, maintain and operate the existing transportation infrastructure of the city, consistent with the requirements of Chapter 36.73 RCW. The funds may be utilized for any lawful purpose under the chapter; but all funds raised pursuant to the chapter shall be expended only for such preservation, maintenance and operation in accordance with the provisions of Chapter 36.73 RCW as the same exists or is hereafter amended. The funds expended by the city shall construct, preserve, maintain and operate the city’s previous investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the city’s infrastructure investments, and continue the optimal performance of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(2)(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 3856 § 3, 2015; Ord. 3778 § 2, 2012)