HomeMy WebLinkAbout3578 0 ORDINANCE O. ..,
AN ORDINANCE of the City of:'cart Angeles, Washington,gton, 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 tirne when the same
shall become efTctive.
WHEREAS,the City Council of the City of Pert Angeles has the:responsibility under:
the Constitution titution 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
rewires 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 flan 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 Flan identifies in Section 11 that there is no
more fundamental transportation investment than existing system preservation -beeping 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 adapts 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 fixture;
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 RC .
Section 3-Creation of New City Code Chapter Establishin 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.
11.2 0.020—Governing Board.
11.20.030—Authority of the District.
11.20.010—Transportation Improvements Funded.
11.20.050—Dissolution of District.
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11.20.060 --_Liberal. Construction.
11.20.010 Establishment of Transportation. Benefit District.
There is created a transportation benefit district to be known as the tort 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 fallowing future annexations.
1.1.20.020 Governing Board.
A. The governing board "Board" of the transportation benefit district shall be the members
of the Fort Angeles 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 RC W.
B. The treasurer of the transportation benefit district shall be the City Chief Financial
Officer, And,the City Clerk shall serve as the cleric of the governing board of the transportation
benefit district.
C. The Board shall develop a material change policy to address major pian changes that
atTect project delivery or the ability to finance the plan, pursuant to the requirements set forth
in RC'W 36.73.160(t).
C. Meetings of the Board shall be governed by the procedural rules applicable to meetings
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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 RC"
36.73.1601 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.
1.1.20.040 Transportation Improvements ents 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 RC W. 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 numbering,
section/subsection numbers and any references thereto.
Section 5- Severability. 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 ofP'ort Angeles at a regular meeting ofsaid Council
held on the day ofApril 201.7,
r�
e¢ Patrick wnle,:Mayor
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APPROVED AS ,rO FORM:
Attomey
Will iam E.
AITEST:
LJ nniV
PUBLISHED: 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.cityofpa.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 April 13, 2017