Chapter 3.44


3.44.010    Findings.

3.44.020    Formation of a transportation benefit district.

3.44.030    General authority.

3.44.040    Powers and operations.

3.44.050    Governing board.

3.44.060    Transportation improvements funded.

3.44.070    Annual report to the public.

3.44.080    Dissolution of Pateros TBD.

3.44.010 Findings.

The city council finds it is in the public interest to help provide an adequate level of funding for transportation improvements through establishment of a TBD. (Ord. 769 § 1, 2018)

3.44.020 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 “Pateros Transportation Benefit District” and “Pateros TBD,” subject to the following sections of this chapter. (Ord. 769 § 2, 2018)

3.44.030 General authority.

There is hereby created the Pateros TBD with geographical boundaries comprised of the corporate limits of the city, as those boundaries may be adjusted in the future. Pateros TBD shall be a quasi-municipal corporation and an independent taxing “authority” within the meaning of Article VII, Section I of the Washington State Constitution, and a “taxing district” within the meaning of Article VII, Section 2 of the Washington State Constitution. Pateros TBD shall constitute a body corporate and possess all the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff and services, 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 Pateros shall apply to Pateros TBD. (Ord. 769 § 2(1), 2018)

3.44.040 Powers and operations.

A.    Pateros TBD shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including, without limitation, the power by subsequent resolution to establish and impose an annual vehicle fee in the amount of twenty dollars ($20.00) in accordance with RCW 36.73.065, as amended, and the power to request voter approval of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455 and/or a vehicle fee in excess of twenty dollars ($20.00) up to one hundred dollars ($100.00) as allowed by RCW 82.80.140. The Pateros TBD may impose an ad valorem tax pursuant to RCW 36.73.060, issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070 and form a local improvement district and impose assessments therefor, take those actions allowed and subject to the limitations of RCW 36.73.0810, 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.

B.    Consistent with RCW 36.73.020(4), the secretary/treasurer of the Pateros TBD shall be the city clerk-treasurer. As such, the city clerk-treasurer shall establish those funds and accounts on behalf of the Pateros TBD as required and shall disburse funds and pay claims as approved by the Pateros TBD board and prepare and maintain such accounts as are appropriate and are required by state and federal law.

C.    The city attorney will serve as legal advisor to the Pateros TBD board, except where separate counsel is engaged by the Pateros TBD.

D.    Other city employees shall carry out the operations of the Pateros TBD as agreed by Pateros TBD and the city. Such employees and contracts of Pateros TBD shall be overseen and administered by the mayor and/or their designee.

E.    Pateros TBD may contract with the city for operations services and materials, office space and equipment, and to undertake and/or fund CFP projects undertaken jointly or by one entity or the other.

(Ord. 769 § 2(2), 2018)

3.44.050 Governing board.

A.    Consistent with RCW 36.73.020(3), the governing board of the Pateros TBD (the “Pateros TBD board”) shall be the members of the Pateros city council acting in an independent capacity. The Pateros TBD board shall also include a chairperson, who shall be the city’s mayor and who shall have those duties, rights and obligations of a mayor.

B.    Meetings of the Pateros TBD board shall be governed by the procedural rules applicable to meetings of the city council, as those rules may be amended by the city council from time to time. Pateros TBD board action shall be taken by motion or resolution in the same manner and following the same procedure as for the adoption of city council resolutions. Meetings of the Pateros TBD board shall, whenever possible, take place on the same date scheduled for the city council meetings. The Pateros TBD board meeting shall comply with the State Open Public Meetings and Public Records Acts.

(Ord. 769 § 2(3), 2018)

3.44.060 Transportation improvements funded.

The funds generated by the Pateros TBD shall be used for the Pateros TBD projects described in this chapter and/or allowed by state law. (Ord. 769 § 2(4), 2018)

3.44.070 Annual report to the public.

As required by RCW 36.73.160(2), as the same may be amended from time to time, Pateros TBD 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 Pateros TBD. (Ord. 769 § 2(5), 2018)

3.44.080 Dissolution of Pateros TBD.

Pateros TBD shall be dissolved pursuant to the procedures set forth in Chapter 36.73 RCW, when all indebtedness, if any, of Pateros TBD has been retired and when all of Pateros TBD’s anticipated responsibilities have been satisfied. (Ord. 769 § 2(6), 2018)