Chapter 3.90


3.90.010    Establishing transportation benefit district.

3.90.020    Governing board.

3.90.030    Functions of the district.

3.90.040    Transportation improvements funded.

3.90.050    Dissolution of district.

3.90.060    Liberal construction.

3.90.900    Severability.

3.90.010 Establishing transportation benefit district.

There is created a transportation benefit district to be known as the Prosser 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. 2650 § 3, 2009).

3.90.020 Governing board.

A. The governing board of the transportation benefit district shall be the Prosser city council which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW.

B. The treasurer of the transportation benefit district shall be the city finance director.

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 a transportation improvement exceeds its original cost by more than twenty 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. 3090 § 3, 2019: Ord. 2650 § 4, 2009).

3.90.030 Functions of the district.

A. The district board may impose a vehicle fee authorized by RCW 36.73.065 and 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 district board shall have all 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. 3039 § 1, 2017: Ord. 2650 § 5, 2009).

3.90.040 Transportation improvements funded.

The funds generated by the transportation benefit district may be used for transportation improvements that preserve, maintain and operate 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 transportation improvements funded by the district shall be made in an effort to reduce the risk of transportation facility failure and improve safety, decrease travel time, increase daily and peak period trip capacity, improve modal connectivity, and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future.

All funds raised through the TBD shall be expended only for such construction, 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 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(b) following notice, public hearing and enactment of an authorizing ordinance. (Ord. 2650 § 6, 2009).

3.90.050 Dissolution of district.

The transportation benefit 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. 2650 § 7, 2009).

3.90.060 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. 2650 § 8, 2009).

3.90.900 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. 2650 § 9, 2009).