HomeMy WebLinkAboutTBD 01-17RESOLUTION NO. _ } -I
A RESOLUTION of the Governing Board of the Port Angeles Transportation
Benefit District of the City of Port Angeles, Washington, providing for a
ballot proposition to be submitted to the qualified electors of the District
on August 1, 2017, to authorize a sales and use tax to be imposed within
the boundaries of the District upon all taxable retail sales and uses in the
amount of two -tenths of one percent (0.2%) for the purpose of financing
all or a portion of the costs associated with transportation improvements in
the District identified herein for a period of ten (10) years.
WHEREAS, the City of Port Angeles (the "City") approved Ordinance No. 3578 on
April 4, 2017, establishing the Port Angeles Transportation Benefit District ("TBD") of the
City of Port Angeles (the "District") pursuant to Chapter 36.73 RCW; and
WHEREAS, the City does not currently have sufficient funds with which to pay for
transportation capital improvements, including, but not limited to, improvements that are
identified as necessary in the City's Six -Year (2017-2022) Transportation Improvement Plan;
and
WHEREAS, the District is authorized pursuant to RCW 36.73.040(3)(a) to impose a
sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding two -tenths
of one percent (0.2%) for a period of ten (10) years upon a favorable vote of the qualified
electors within the District for the purpose of financing certain transportation improvements;
and
WHEREAS, the City has identified a sales and use tax imposed in accordance with
RCW 82.14.0455 as a funding source available to the District, as well as any other lawful
funding sources available to the District pursuant to RCW 36.73.040; and
WHEREAS, if approved by the voters, the sales and use tax will apply to persons who
shop and thereby use the roads in the City and not just to City residents; and
WHEREAS, if approved by the voters, revenues from a sales and use tax will be used
to fund transportation improvements in the District as identified in the City's Six -Year (2017-
2022) Transportation Improvement Plan which include the preservation, maintenance, and
operation of existing transportation infrastructure of the City; and
WHEREAS, if approved by the voters, the revenues from a sales and use tax will
supplement, not supplant, existing funds committed to transportation improvements that are
paid through the City's General Fund.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Port Angeles
Transportation Benefit District as follows:
Section 1 — Findings. The Governing Board of the District (the "Board") hereby finds
that it is in the best interests of the District to submit to the qualified voters of the District, at
a special election to be held on August 1, 2017, a proposition authorizing the District to impose
a sales and use tax in the amount of two -tenths of one percent (0.2%) pursuant to RCW
36.73.040(3)(a), RCW 36.73.065(1), and RCW 82.14.0455 for the purpose of providing a
portion of the funds necessary to finance transportation improvements in the District, and to
impose such sales and use tax if approved by an affirmative vote of a majority of the District
voters voting at the election.
Section 2 — Description of transportation improvements. The transportation
improvements carried out with the sales and use tax revenues must be projects or programs
contained in the City's Six -Year (2017-2022) Transportation Improvement Plan, including all
associated maintenance, operation, labor, material, and equipment required for these projects
and programs. The specific projects within the City's Six -Year (2017-2022) Transportation
Improvement Plan include:
• 10ffi Street reconstruction;
• 10t' Street overlay (M Street — I Street);
• Chip seal preservation projects on: Park Avenue, Peabody Street, Chase Street,
N Street, 8t' Street, and Golf Course Road;
• Liberty Street reconstruction;
• ADA improvements on Francis Street and Peabody Street;
• Various alley paving repairs;
• School walking route improvements; and
• Other projects as identified in the City's Transportation Improvement Plan, as
adopted or hereafter amended.
The cost of all necessary design, engineering, financial, legal and other consulting
services, inspection and testing, administrative and relocation expenses, and other costs
incurred in connection with the foregoing TBD projects shall be deemed a part of the costs of
the TBD projects.
The Board shall determine the application of moneys available for the TBD projects
so as to accomplish, as nearly as may be practical, all of the TBD projects. In the event that
the proceeds of sales and use taxes authorized herein, plus any other money of the District
legally available, are insufficient to accomplish all of the TBD projects, the Board shall use
the available funds for paying the cost of those portions of the TBD projects deemed by the
Board most necessary and in the best interests of the District.
The Board shall determine the exact locations and specifications for the elements of
the TBD projects as well as the timing, order, and manner of implementing or completing the
TBD projects. The Board may alter, make substitutions to, and amend the TBD project
descriptions as it determines is in the best interests of the District consistent with the general
descriptions provided above and in accordance with the material change policy adopted by the
Board and 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.
If the Board shall determine that it has become impractical to acquire, construct, or
implement all or any portion of the TBD projects by reason of changed conditions,
incompatible development, costs substantially in excess of the amount of sales and use tax
proceeds estimated to be available, or acquisition by a superior governmental authority, the
Board shall not be required to acquire, construct, or implement such portions. If all of the TBD
projects have been acquired, constructed, implemented or duly provided for, or found to be
impractical, the Board may apply the sales and use tax proceeds (including earnings thereon)
or any portion thereof to other transportation improvements then identified in the City's Six -
Year (2017-2022) Transportation Improvement Plan in accordance with the material change
policy adopted by the Board and 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.
Section 3 — Ballot Proposition.
It is hereby found and declared that the best interests of the District require the
submission to the qualified electors of the District a proposition whether the District shall
impose a sales and use tax within the limitations established in RCW 82.14.0455 for their
approval or rejection at a special election to be held on August 1, 2017. For the purpose of
providing funds necessary to pay or finance a portion of the costs of the TBD Projects, the
Clallam County Auditor, as ex officio supervisor of elections in Clallam County, Washington,
is hereby requested to call and conduct such election to be held within the District on such day
and to submit to the qualified electors of the District for their approval or rejection, a
proposition to impose a sales and use tax in the amount of two -tenths of one percent (0.2%) of
the selling price in the case of a sales tax, or value of the article used in the case of the use tax.
The sales and use tax authorized by this section is in addition to any other taxes authorized by
law, shall be collected from those persons who are taxable by the State of Washington under
Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the
boundaries of the District, and shall be imposed for a period of ten (10) years from its first date
of collection.
Upon approval of the voters of the proposition hereinafter set forth, the District may
use proceeds of such sales and use tax for the purpose of paying or financing a portion of the
costs of TBD projects. The Clerk of the Board is hereby authorized and directed to certify said
proposition to said official in the following form:
PORT ANGELES TRANSPORTATION BENEFIT DISTRICT
PORT ANGELES, WASHINGTON
SALES AND USE TAX FOR
TRANSPORTATION IMPROVEMENTS
The Governing Board of the Port Angeles Transportation Benefit District adopted
Resolution -1)1- JJ__ concerning a sales and use tax to fund transportation
improvements. This proposition would authorize a sales and use tax of two -tenths of
one percent (0.2%) to be collected from all taxable retail sales within the District in
accordance with RCW 82.14.0455 for a term of ten (10) years for the purpose of paying
for or financing the costs of the following transportation improvement projects: street
and sidewalk preservation, maintenance, and repair, including transportation
improvement projects identified in the City's Six -Year (2017-2022) Transportation
Improvement Plan.
Should this proposition be approved?
YES........................ .......... i7
NO.................................... ❑
Section 4 — Corrections. The Clerk of the District and the codifiers of this resolution
are authorized by the Port Angeles Transportation Benefit District Board to make necessary
clerical corrections to this resolution including, but not limited to, the correction of
scrivener's/clerical errors, references, resolution numbering, section/subsection numbers and
any references thereto, and to make corrections or revisions consistent with the requirements
of the Clallam County Prosecuting Attorney or County Auditor which do not change the
substantive meaning of the resolution.
Section 5 — Severability. If any section, sentence, clause, or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or constitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this resolution.
PASSED by the Board of the Port Angeles Transportation Benefit District, Port
Angeles, Washington, at a regular open public meeting thereof on the 18t' day of April 2017.
Chairperson
ATTEST.
�
ennife Veneklasen, Clerk of the Board
APPROVED AS TO FORM:
r
William E. Bloor, City Attorney
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, enacting
a new Chapter 11.20 of the Port Angeles Municipal Code "Port
Angeles Transportation Benefit District"; establishing a
Transportation Benefit District; and fixing a time when the same
shall become effective.
WHEREAS, the City Council of the City of Port Angeles has the responsibility under
the Constitution of the State of Washington for the improvement, maintenance, protection and
operation of public ways within the corporate limits of the City pursuant to RCW 35A.11.020
and Chapter 35A.47 RCW; and
WHEREAS, the improvement, maintenance, protection and operation of public ways
requires preserving existing transportation improvements to avoid both catastrophic failure of the
improvements which would require significant additional funds to reconstruct, as well as their
gradual deterioration; and
WHEREAS, the number one priority in the "Washington Transportation Plan for
2007-2026" adopted by the Washington Transportation Commission ("State Transportation
Plan") is to preserve and extend prior investments in existing transportation facilities and the
services they provide to people and commerce; and
WHEREAS, the State Transportation Plan identifies in Section II that there is no
more fundamental transportation investment than existing system preservation -keeping the
physical infrastructure in safe and efficient operating condition; and
WHEREAS, the City has limited transportation funding to pay for necessary
transportation preservation and maintenance; and
WHEREAS, the funding dedicated for the preservation and maintenance of the City's
transportation infrastructure has been dramatically reduced due to significant loss of Motor
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Vehicle Excise Taxes; and
WHEREAS, the City of Port Angeles annually adopts a 6 year Transportation
Program pursuant to State Law and has or will adopt an updated Transportation Capitol Facilities
Plan which identifies necessary improvements to the City's transportation systems; and
WHEREAS, while dedicated revenues have decreased, the ongoing annual costs to
preserve and maintain the City's transportation infrastructure continue to rise leaving the City
unable to continue to adequately preserve and maintain the City's transportation infrastructure;
and
WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation
benefit districts and for the levying of additional revenue sources for transportation improvements
within the District that are consistent with existing state, regional, and local transportation plans
and necessitated by existing or reasonable foreseeable congestion levels; and
WHEREAS, RCW 35.21.225 authorizes the City Council to establish a
transportation benefit district subject to the provisions of Chapter 36.73 RCW; and
WHEREAS, the City desires to form a Transportation Benefit District which includes
the entire City of Port Angeles corporate limits as they currently exist or as they may exist
following future annexations; and
WHEREAS, on March 21, 2017, the City conducted a public hearing in accordance
with RCW 36.73.050, after giving proper notice describing the Transportation Benefit District
projects consistent with Chapter 36.73 RCW; and
WHEREAS, the City Council of the City of Port Angeles finds it to be in the best
interests of the City to establish a citywide Transportation Benefit District for the preservation
and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW,
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to protect the City's long-term investments in that infrastructure, to reduce the risk of
transportation facility failure, to improve safety, to continue optimal performance of the
infrastructure over time, and to avoid more expensive infrastructure replacements in the future;
and
WHEREAS, the members of the City Council of the City of Port Angeles shall be
the governing body for the Transportation Benefit District acting in an ex officio and independent
capacity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section I - Purpose. The purpose of this Ordinance is to establish a Transportation
Benefit District pursuant to RCW 35.21.225 and Chapter 36.73 RCW.
Section 2 - Findings. The City Council finds it is in the public interest to provide
adequate levels of funding for the purposes of ongoing transportation improvements that
preserve, maintain and as appropriate, construct or reconstruct the transportation infrastructure
of the City of Port Angeles, consistent with Chapter 36.73 RCW.
Section 3 - Creation of New City Code Chapter Establishing a Transportation
Benefit District. The City Council of the City of Port Angeles hereby adopts a new Chapter
11.20 of the Port Angeles Municipal Code entitled "Port Angeles Transportation Benefit
District," which shall read as follows:
CHAPTER 11.20 — PORT ANGELES TRANSPORTATION BENEFIT DISTRICT
11.20.010 — Establishment of Transportation Benefit District.
11.20.020 — Governing Board.
11.20.030 — Authority of the District.
11.20.040 — Transportation Improvements Funded.
11.20.050 — Dissolution of District.
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11.20.060 — Liberal Construction.
II
11.20.010 Establishment of Transportation Benefit District.
There is created a transportation benefit district to be known as the Port Angeles 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.
11.20.020 Governing Board.
A. The governing board 'Board" of the transportation benefit district shall be the members
of the Port Angeles City Council acting in an ex off'icio 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 Chief Financial
Officer. And, the City Clerk shall serve as the clerk of the governing board of the transportation
benefit district.
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(l ).
C. Meetings of the Board shall be governed by the procedural rules applicable to meetings
of the City Council, as these rules may be amended by the City Council from time to time.
Board actions shall be taken in the same manner and follow the same procedure as for the
adoption of City Council resolutions. Meetings of the Board shall, whenever possible, take
place on the same dates scheduled for City Council meetings.
D. The Board shall issue an annual report, pursuant to the requirements of RCW
36.73.160(2).
11.20.030 Authority of the District.
The Board shall have and exercise all powers and functions provided by Chapter 36.73 to fulfill
the functions of the District, 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.
11.20.040 Transportation Improvements Funded.
The funds generated by the transportation benefit district shall 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. The funds may be utilized
for any lawful purpose under the Chapter; but all funds raised through the TBD shall be
expended only for such preservation, maintenance and operation in accordance with the
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provisions of Chapter 36.73 RCW as the same 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(2)(b)
following notice, public hearing and enactment of an authorizing ordinance.
11.20.050 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. Street preservation, maintenance and operation are ongoing, long term obligations of
the City.
11.20.060 Liberal Construction.
As authorized pursuant to RCW 36.73, this chapter shall be liberally constructed to permit the
accomplishment of its purposes.
Section 4 - Corrections. The City Clerk and the codifiers of this ordinance
are authorized to make necessary corrections to this ordinance including, but not limited
to, the correction of the scrivener's/clerical errors, references, ordinance ntmi bring,
section/subsection numbers and any references thereto.
Section 5 - Sever -Ability. If any provisions of this Ordinance, or its application to
any person or circumstances, are held invalid, the remainder- of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 6-Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
PASSED by the City Council ofthe City ofPortAngeles at a regular meeting ofsaid Council
held on the —q_ day of April 2017.
f
J
Patrick -nie, Mayor
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APPROVED AS TO FORM:
J.
.mill • I' '�T- 'J
ATTEST:
�Veneklasen, 36nnif City Clerk
PUBLISHED: j , 2017
By Summary
Summary of Ordinances adopted by the Port Angeles City Council on April 4. 2017.
ORDINANCE NO. 3578
AN ORDINANCE of the City of Port Angeles, Washington, enacting a new Chapter 11.20 of the Port
Angeles Municipal Code "Port Angeles Transportation Benefit District"; establishing a Transportation
Benefit District; and fixing a time when the same shall become effective.
This ordinance are not subject to referendum and shall be in force and take effect 5 days after
publication according to law. The full texts of the Ordinances are available at City Hall in the
City Clerk's office, on the City's website at www.ci v a.us, or will be mailed upon request.
Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: Thursday Aril 13 2017