HomeMy WebLinkAbout04-23with which to pay for
mpravements that are
identitied as necessary in the City " s fix-Year I ransportaiion Improvement Plan; and
WHEREAS, a sales and use tax of two -tenths of one percent (0.2%) was authorized in
2017 by a favorable vote of the qualified electors within the District; and
WHEREAS, the District new is authorized pursuant to RCW 36.73.040(4)(a)(v) to
impose a sales and use tax in accordance with RCS 82. t4.0455 in an amount not exceeding
three -tenths of one percent (0.3%) for a period of ten (10) years upon a favorable rote of the
qualified electors within the District for the purpose of financing certain transportafton
improvements; and
WHEREAS, the City has identified a sales and use tax imposed in accordance with
.14.0455 as a funding source mailable to the District, as well as any other lawful
funding sources available to the District pursuant to RCVS 36.73.040; and
RCW 82
RESOLUTION NO. 04/w..0�
A RESOLUTION of the pity Council
of the
pity of Port
Angeles, Washington,
nrovidina
for a
ballot
nronosition
to
be
submitted
to
the
qualified
electors
of the District on November 7, 2023, to authorize an additional sales and
use tax in the amount of one -tenth of one percent to be imposed within the
boundaries of the District upon all taxable retail sales and uses in the
amount of three -tenths of one percent (0.3%) for the purpose of financing
all or a portion of the casts 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, pursuant to PAMC 11.20, the City Council is the governing body of the
TBD: and
WHEREAS, the pity does not currently have sufficient funds
transportation capital improvements, including, but.not limited to, i
0
v a
WHEREAS, 41
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
I.
Transportation Improvement Plan which include the preservation, maintenance, and operation
of existing transportation infrastructure of the City as well as support operations and
maintenance of the Street Department- and
NOW,
follows:
THEREFORE, BE IT RESOLVED by the City Council of Port Angeles as
section I —Find
The, City Council hereby finds that it is in the best interests of the
District to submit to the qualified vo
tern of the District, at a special election to be held on
November 7, 2023, a proposition authorizing the District to impose a sales and use tax in the
amount of three -tenths of one percent (0.3%) pursuant to RCW 36.73.040(4)(a)(v), RCW
36.73.065(l), and RCW 82.14.0455 for the purpose of providing a portion of the funds
necessary to finance transportation improvemen
use tax if
election.
ts in the District, and to impose such sales and
approved by an affirmative vote of a majority of the District voters voting at the
Section 2
Description of trans
nation improvements.
The transportation
improvements carved out with the sales and use fax revenues must be projects or programs
contained in the City's Six -Year Transportation Improvement Plan, including all associated
maintenance, operation, labor, material, and equipment required for these projects and
programs. 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 Council shah determine the
so as to accomplish, as nearly as may b
p
application of moneys available for the TBD projectse practical, ail of the TBD project. In the event that
the proceeds of sales and use tars authorized herein, lus any other money of the District.
le�ally available. are insufficient to ac�Qm�l�sh a1� of the TBD projects, the Council shall use
the available funds for paying the cast of those portions of the TBD projects deemed by the
council most necessary and in the best interests of the District.
The Council 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 Council may alter, make substitutions to , and amend the TBD project
the proceeds of sales and use tars authorized herein, lus any other money of the District.
le�ally available. are insufficient to ac�Qm�l�sh a1� of the TBD projects, the Council shall use
the available funds for paying the cast of those portions of the TBD projects deemed by the
council most necessary and in the best interests of the District.
The Council 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 Council may alter, make substitutions to , and amend the TBD project
descriptions as it determines is in the best interests of the Districi consistent with the general
descriptions provided above and in accordance with the material change policy adapted by the
Council and the notice, hearing, and other procedures described in chapter 36.73 RCWI
including RCW 36.73.050(2)(b), as the same maybe amended.
If the Council 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,
incami atible develoi)ment casts substantially in excess of the amount of sales and use tax
Drflceeds estimated to be mailable. or acquisition bv a superior iaovernmental authority, the
�`auncil shall not be required to acquire, construct, ar in�plement such portions. If all of the
------------------__._ '�r------r------
t tsij projecis rave
peen acquirea,
construciea, impiementea or
auiy provicteci ror, or Tounu iobe
impractical. the
Council may
anp1v the sales and use tax
braceeds (including earnings
1P
thereon} or any portion thereof to other
transportation improvements then identified in the
C itv's Six-YearauDrovedTransDortatton Imnrovement Plan in accordance with the material
change policy adapted by the Council 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 an November 7, 2023. For the purpose of
providing funds necessary to pay or finance a portion of the costs of the TBD Proj'ects, the
Clallam bounty Auditor, as e�c of�cia supervisor of elections in C lallam County, Washington,
is hereby requested to call and conduit such election to beheld within the District an such day
and to submit to the qualified electors of the District for their approval or refection, a
proposition to impose a sales and use tax in the amount of three -tenths of one percent (0.3%)
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 far a period of ten (10) years from its first date
of collection.
Upon approval of the voters of the proposition hereinafter set Earth, the District may
use proceeds of such sales and use tax for the purpose of paying or financing a portion of the
#1
posts of TBD projects or operations and maintenance in the Street Department. The City Clerk
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 pity Council of the pity of Port Angeles adopted Resolution
concerning a sales and use tax to fund transportation improvements and street
operations for the Port Angeles Transportation Benefit District. This proposition would
authorize a saes and use tax of three -tenths of one percent (0.3%) to be collected from
all taxable retail sales within the District in accordance with RCW 82.14.0455 l'or 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 Transportation Improvement Phan and the operations and
maintenance of the Street Department.
Should this proposition0
be approved?
YES V 1P ow W.P.Mv ■t.r.*,f40 G
NO. ■ . a . ■ ■ ■ . * ■ .. # it # . f . . . . . . t . . ■ ■ . f * # f 0 # G
Section 4 — Corrections. The City Clerk and the cadifiers 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
scr�vener'slclerical errors, references, resolution numbering, sectianlsubseetion 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 - Severabil. If any section, sentence, clause, or phrase of this resolution
should be held to be invalid or unconstitutional by a courtof competent jurisdiction, such
LNq
invalidity or
section, sentence
constitutionality shall not affect the validity or constitutionality of any other
clause, or phrase of this resolution.
PASSED by the City Council of the City of Port Angeles at a regular open public
meeting thereof on the I gth day of July 2023.
ATTEST:
k
Kari Mart imnez-B alley, City
A
APPROVED AS TO FORM:
am E. Bloor, City Attom
W
Mayor, Kate Dexter