Chapter 3.30
ASSUMPTION OF OTHELLO TRANSPORTATION BENEFIT DISTRICT
Sections:
3.30.010 Establishing transportation benefit district.
3.30.030 Functions of the city.
3.30.040 Transportation improvements funded.
3.30.050 No existing rights impaired.
3.30.060 Rules, regulations, pending business, and contracts.
3.30.070 Reports, books, and records.
3.30.080 Funds, credits, appropriations, federal grants, or other assets.
3.30.090 Assumption of indebtedness.
3.30.100 Liberal construction.
3.30.010 Establishing transportation benefit district.
The city council, by Ordinance No. 1366, established a transportation benefit district with geographical boundaries comprised of the corporate limits of the city as they existed or as subsequently annexed, known as the Othello transportation benefit district (or “district”). RCW 36.74.010 authorizes any city in which a transportation benefit district has been established pursuant to Chapter 36.73 RCW, with boundaries coterminous with the boundaries of the city, to assume the rights, powers, functions, and obligations of the transportation benefit district. As authorized pursuant to RCW 36.74.010, the city of Othello assumes all of the rights, powers, functions, and obligations of the district previously established in this chapter, and the city of Othello is hereby vested with each and every right, power, function, and obligation granted to or possessed by the Othello transportation benefit district under Chapters 36.73 and 36.74 RCW, this chapter, and/or any other applicable law, as currently enacted and subsequently amended. By this assumption of the rights, powers, functions, and obligations of the district, the Othello transportation benefit district will cease to exist as a separate entity. (Ord. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012).
3.30.020 Governing board.
As authorized pursuant to RCW 36.74.030(2), the governing body of the Othello transportation benefit district established pursuant to RCW 36.73.020 is hereby abolished and the city of Othello city council (“city council”) hereby assumes and is vested with all the rights, powers, functions and obligations previously vested, exercised and/or performed by the governing body of the Othello transportation benefit district. (Ord. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012).
3.30.030 Functions of the city.
(a) The city council may authorize a vehicle tax fee of up to twenty dollars per vehicle as provided for by RCW 82.80.140. Any expansion of the authorized purposes of the district 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 district upon compliance with the requirements of said chapter.
(c) The city council shall have the powers and functions provided for by Chapter 36.73 RCW, as it now exists or is hereafter amended, to fulfill the purposes of the district. (Ord. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012).
3.30.040 Transportation improvements funded.
The revenues generated by the exercise of the powers granted in Section 3.30.030 and/or Chapter 36.73 RCW may be used for any purpose allowed by law 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 transportation improvements funded by the city shall be made in an effort to protect the city’s long term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future and to improve modal connectivity within the city of Othello. Any expansion of these authorized purposes may be funded only after compliance with the provisions of RCW 36.73.050(2)(b) or a vote of the people pursuant to RCW 36.73.065(3). (Ord. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012).
3.30.050 No existing rights impaired.
Pursuant to RCW 36.74.040, nothing in this chapter shall be construed as impairing or altering any existing rights acquired by the Othello transportation benefit district under Chapter 36.73 RCW, this chapter, or any other provision of law applicable to transportation benefit districts. Nor does this assumption impair or alter any actions, activities, or proceedings validated thereunder; any civil or criminal proceedings instituted thereunder; any rule, regulation, or order promulgated thereunder; any administrative action taken thereunder; nor the validity of any act performed by the Othello transportation benefit district or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the city as authorized by law. (Ord. 1498 § 3 (part), 2017).
3.30.060 Rules, regulations, pending business, and contracts.
Pursuant to RCW 36.74.050(1), all rules and regulations and all pending business before the board of the Othello transportation benefit district shall be continued and acted upon by the city council. In addition, pursuant to RCW 36.74.050(2), all existing contracts and obligations of the Othello transportation benefit district remain in full force and effect, and will be performed by the city. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized in this chapter. (Ord. 1498 § 3 (part), 2017).
3.30.070 Reports, books, and records.
Pursuant to RCW 36.74.060(1), all reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Othello transportation benefit district shall be made available to the city. (Ord. 1498 § 3 (part), 2017).
3.30.080 Funds, credits, appropriations, federal grants, or other assets.
Pursuant to RCW 36.74.060(2), all funds, credits, or other assets held in connection with rights, powers, duties, and functions of the Othello transportation benefit district assumed hereunder shall be assigned to the city. Further, pursuant to RCW 36.74.060(3), any appropriations or federal grant made to the Othello transportation benefit district (if any) for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by the city must, on the effective date of the assumption, be credited to the city for the purpose of carrying out such assumed rights, powers, functions, and obligations. (Ord. 1498 § 3 (part), 2017).
3.30.090 Assumption of indebtedness.
Pursuant to RCW 36.74.070, the city assumes and agrees to provide for the payment of all of the indebtedness of the Othello transportation benefit district, including the payment and retirement of outstanding general obligation and revenue bonds (if any) issued by the Othello transportation benefit district. (Ord. 1498 § 3 (part), 2017).
3.30.100 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. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012. Formerly 3.30.060).
3.30.110 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 1498 § 3 (part), 2017: Ord. 1407 § 9 (part), 2014: Ord. 1366 § 3 (part), 2012. Formerly 3.30.070).