Chapter 3.85


3.85.010    Purpose.

3.85.020    Establishing transportation benefit district.

3.85.025    Assumption of transportation benefit district.

3.85.030    Governing board.

3.85.040    Functions of the district.

3.85.050    Transportation improvements funded.

3.85.060    Dissolution of district.

3.85.070    Liberal construction.

3.85.010 Purpose.

The purpose of this chapter is to establish a transportation benefit district (TBD) pursuant to RCW 35.21.225 and Chapter 36.73 RCW, consistent with the public interest, to provide adequate levels of funding for transportation improvements that preserve, maintain and as appropriate construct or reconstruct the transportation infrastructure of the City of Mountlake Terrace. (Ord. 2584 § 2, 2011).

3.85.020 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the “Mountlake Terrace transportation benefit district” or “district” with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. (Ord. 2584 § 2, 2011).

3.85.025 Assumption of transportation benefit district.

From and after the effective date of the ordinance codified in this section, the City of Mountlake Terrace assumes all of the rights, powers, immunities, functions, and obligations of the Mountlake Terrace transportation benefit district previously established in this chapter, and the City of Mountlake Terrace is hereby vested with each and every right, power, immunity, function, and obligation granted to or possessed by the Mountlake Terrace 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. The rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Mountlake Terrace transportation benefit district pursuant to MTMC 3.85.030 are hereby assumed by and transferred to the City of Mountlake Terrace City Council. (Ord. 2690 § 4, 2016).

3.85.030 Governing board.

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

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

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

D. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 2690 § 5, 2016; Ord. 2584 § 2, 2011).

3.85.040 Functions of the district.

A. The district, by a majority vote of its governing board, may authorize a motor vehicle license fee of up to $20.00 as provided in RCW 82.80.140 for the purposes set forth in this chapter and as may be subsequently authorized according to law.

B. The district may impose additional taxes, fees, or charges authorized by RCW 36.73.040 or ad valorem property taxes authorized by RCW 36.73.060 only if approved by district voters pursuant to RCW 36.73.065.

C. The district shall have all powers and functions provided by Chapter 36.73 RCW to fulfill the functions of the district, including the power to issue general obligation bonds and revenue bonds. (Ord. 2584 § 2, 2011).

3.85.050 Transportation improvements funded.

The funds generated by the transportation benefit district may be used for transportation improvements that preserve, maintain, operate, construct and reconstruct the existing transportation infrastructure of the city, consistent with the requirements of Chapter 36.73 RCW, as it now exists or is hereafter amended. In addition to the foregoing, the funds generated 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 district shall select to the extent practicable projects for funding that reduce the risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, provide for economic development, improve accessibility for persons with special transportation needs, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure construction and replacement in the future.

All funds raised through the district shall be expended only for such construction, reconstruction, preservation, maintenance and operation in accordance with the provisions of Chapter 36.73 RCW as it now exists or is hereafter amended. The funds expended by the district shall preserve, maintain, operate and improve the city’s investments in the transportation infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the city’s infrastructure investments, provide for economic development, 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(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 2584 § 2, 2011).

3.85.060 Dissolution of district.

The 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. 2584 § 2, 2011).

3.85.070 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. 2584 § 2, 2011).