Chapter 11.34
OAK HARBOR TRANSPORTATION BENEFIT DISTRICT NO. 1
Sections:
11.34.010 Formation of a transportation benefit district.
11.34.020 Establishment of the Oak Harbor transportation benefit district – General authority.
11.34.025 Assumption of OHTBD No. 1.
11.34.030 Powers and operations.
11.34.050 Transportation improvements funded.
11.34.060 Annual report to public.
11.34.010 Formation of a transportation benefit district.
The city, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as Oak Harbor Transportation Benefit District No. 1 (“OHTBD No. 1”). (Ord. 1865 § 1, 2019; Ord. 1835 § 1, 2018).
11.34.020 Establishment of the Oak Harbor transportation benefit district – General authority.
There is hereby created OHTBD No. 1 with geographical boundaries comprised of the corporate limits of the city, as those boundaries may be adjusted in the future. OHTBD No. 1 shall be a quasi-municipal corporation and an independent taxing “authority” within the meaning of Article VII, Section 1 of the Washington State Constitution, and a “taxing district” within the meaning of Article VII, Section 2 of the Washington State Constitution. OHTBD No. 1 shall constitute a body corporate and possess all the usual powers of a corporation for public purposes as well as all powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the city of Oak Harbor shall apply to the district. (Ord. 1865 § 1, 2019; Ord. 1835 § 1, 2018).
11.34.025 Assumption of OHTBD No. 1.
From and after the effective date of the ordinance codified in this chapter, the city of Oak Harbor (city) assumes all the rights, powers, immunities, functions, and obligations of the Oak Harbor Transportation Benefit District No. 1 previously established in this chapter, and the city is hereby vested with each and every right, power, immunity, function, and obligation granted to or possessed by the Oak Harbor Transportation Benefit District No. 1 under Chapter 36.73 RCW, this chapter, and/or any other applicable law as of the effective date of the ordinance codified in this chapter. The rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Oak Harbor transportation benefit district pursuant to OHMC 11.34.030 are hereby assumed by and transferred to the Oak Harbor city council. (Ord. 1865 § 1, 2019).
11.34.030 Powers and operations.
(1) The 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, or a vehicle license fee in excess of $20.00 up to $100.00 as allowed by RCW 82.80.140. The city may impose an ad valorem tax pursuant to RCW 36.73.060, issue general obligation and/or revenue bonds and form a local improvement district and impose assessments therefor, take those actions allowed, and subject to the limitations of RCW 36.73.080, contract for street and highway improvements, and for its operations, exercise the power of eminent domain in the same manner as authorized for the city and accept and use gifts and grants.
(2) Consistent with RCW 36.73.020(4), the secretary/treasurer shall be the city finance director. As such, the finance director shall establish those funds and accounts on behalf of the city council as required and shall disburse funds and pay claims as approved by the city council and prepare and maintain such accounts as are appropriate and/or required by state or federal law. (Ord. 1865 § 1, 2019; Ord. 1835 § 1, 2018).
11.34.040 Governing body.
(1) The Oak Harbor city council shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW and this chapter.
(2) To carry out the purposes of this chapter, and subject to the provisions of RCW 36.73.065, the city is authorized to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW 82.14.0455;
(b) A vehicle license fee in accordance with RCW 82.80.140;
(c) A fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land for commercial purposes, only if done in accordance with Chapter 39.92 RCW;
(d) Vehicle tolls on state routes, city streets, or county roads, within the boundaries of the district, in accordance with RCW 36.73.040; and
(e) An ad valorem property tax as provided in RCW 36.73.060.
(3) The city may authorize and issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070.
(4) The city may form a local improvement district and impose assessments therefor and take those actions allowed, and subject to the limitations of RCW 36.73.080.
(5) As required by RCW 36.73.160(1), as the same may be amended from time to time, the city shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan for funding and implementing the projects. (Ord. 1865 § 1, 2019; Ord. 1835 § 1, 2018).
11.34.050 Transportation improvements funded.
The funds generated by exercise of the powers granted in OHMC 3.70.040 and/or Chapter 36.73 RCW shall be used for the transportation projects described in this chapter as those found in the city’s six-year capital improvement plan (2019-2024, or as hereafter amended) and 2018 Streetsaver Pavement Management System Plan and/or allowed by state law. The projects may be amended in accordance with the material change policy described in OHMC 11.34.040(5) 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. 1865 § 1, 2019; Ord. 1835 § 1, 2018).
11.34.060 Annual report to public.
As required by RCW 36.73.160(2), as the same may be amended from time to time, the city council 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 city. (Ord. 1865 § 1, 2019; Ord. 1835 § 1, 2018).