Chapter 3.65
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.65.010 Establishing transportation benefit district.
3.65.020 Governing board.
3.65.030 Functions of the district.
3.65.040 Transportation improvements funded.
3.65.050 Dissolution of district.
3.65.010 Establishing transportation benefit district.
There is created a transportation benefit district, to be known as the Edmonds 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. 3707 § 2, 2008].
3.65.020 Governing board.
A. The governing board of the transportation benefit district shall be the Edmonds city council acting in an ex officio and independent capacity, 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 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. 3707 § 2, 2008].
3.65.030 Functions of the district.
A. The district board may authorize a vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140. 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 sources may be assessed for the purposes provided for in the subsections of this section.
1. Pursuant to the initial authorization of Ordinance 3707, the district board may and has authorized a vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140 for the purpose of the preservation, maintenance and operations of the city streets.
2. As authorized by the voters pursuant to the requirements of Chapter 36.73 RCW, additional taxes, fees, charges and tolls or increases in those revenue sources may be assessed for the construction, reconstruction, updating or improvement of public transportation facilities shown on the Edmonds comprehensive plan and transportation improvement plan. This additional function of the district has been authorized by ordinance amendment in compliance with the provisions of Chapter 36.73 RCW. These additional transportation projects authorized pursuant to the vote of the transportation benefit district shall be deemed funded and effective when approved by a vote of the people in accordance with the provisions of state law. The projects authorized shall be limited to those specifically identified in the proposition put to the voters.
B. Additional transportation improvements may be added to the functions of the district upon compliance with Chapter 36.73 RCW.
C. The board shall have and exercise all powers and functions provided for by Chapter 36.73 RCW in order to fulfill the functions of the district. [Ord. 3804 § 1, 2010; Ord. 3707 § 2, 2008].
3.65.040 Transportation improvements funded.
Two separate sets of functions have been established by ordinance for the transportation benefit district. The funds generated by a vehicle fee of up to $20.00 per vehicle authorized by the board in accordance with RCW 82.80.140 shall be used solely for transportation improvements that preserve, maintain and operate the existing transportation infrastructure of the city, consistent with the requirements of Chapter 36.73 RCW. Upon authorization by the voters, additional funds from other taxes, fees, charges and tolls or increases in these revenue sources may be utilized for the construction of transportation improvements specifically described in the proposition submitted to the voters. Funds raised from either revenue source may be utilized for any lawful purpose under Chapter 36.73 RCW, but all funds raised through the TBD shall be expended only for the purposes specified, i.e.:
A. For the preservation, maintenance and operation of the existing city street transportation improvement infrastructure; or
B. For projects specifically designated in a ballot proposition approved by the voters and utilizing the funding source approved by the voters.
Such improvements are intended to comply with the provisions of the Growth Management Act and the city’s comprehensive plan and reduce the risk of transportation facilities’ failure, improve safety, continue the cost effectiveness of the city’s infrastructure improvements and to encourage the optimum use 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 additional authorizing ordinance. [Ord. 3804 § 2, 2010; Ord. 3707 § 2, 2008].
3.65.050 Dissolution of district.
The transportation district has been authorized to fulfill two separate functions. Each function of the district shall expire and be dissolved upon its completion.
A. Street preservation, maintenance and operation are ongoing, long-term obligations of the city. In order to comply with the dissolution requirement of RCW 36.73.050, a street resurfacing cycle of 20 years was adopted and the district shall be deemed authentically dissolved with respect to the function of street preservation, maintenance and operation 18 years from the effective date of the original Ordinance 3707, to wit, November 28, 2026.
B. Upon authorization by the voters, the additional transportation improvements specifically described in the proposition shall be deemed authorized. In accordance with the dissolution requirements of RCW 36.73.050, the powers, duties and functions of the district shall be deemed dissolved with respect to such voter-approved projects when all indebtedness of the districts with regard to such projects has been retired and all transportation improvements described in such project list have been completed. Upon dissolution with respect to these functions, the voters’ authorization for funding to construct such funding shall be deemed to automatically expire. Nothing herein shall be interpreted to prohibit the Edmonds city council on the recommendation of the Edmonds transportation benefit district to dissolve the district in whole or in part and/or reformulate it in accordance with the provisions of RCW 36.73.050. [Ord. 3804 § 3, 2010; Ord. 3707 § 2, 2008].