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HomeMy WebLinkAboutTBD Resolution 01-07RESOLUTION NO.TeE nl -\-l A RESOLUTION of the Governing Board ofthe 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 l, 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 (0.2o/o) for the purpose of financing all or a portion of t}te costs associated with transportation improvernents in the District identified herein for a period of ten (10) yean. WHEREAS, the City of Port Angeles (the "City'') approved Ordinance No. 3578 on Apnl 4, 2O17, 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 improvernents, including, but not limited to, improvernents that are identified as necessary in the city's Six-Year (2017 -2022) Transportation Improvernent plan; and WHEREAS, the District is authorized pursuant to RCW 36.73.0a0(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 Distric! 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 ofexisting 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 fransportation 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 I - Findinss. 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 I , 201 7, 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.M0(3)(a), RCW 36.73.065(l), and RCW 82.14.0455 for the purpose of providing a portion of the funds necessary to finance transportation improvernents 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 improvernents.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) Traasportation Improvernent Plaq 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: o 106 Street reconstruction; . 1Oft Street overlay (M Street - I Street); o Chip seal preservation projects on: Park Avenue, Peabody Street, Chase Street, N She€t, 86 Steet, and GolfCourse Road; o Liberty Street reconsauction; o ADA improvements on Francis Street and Peabody Street; o Various alley paving repairs; o School walking route improvernents; and o Oth€r projects as identified in the City's Transportation Improvernent Plan, as adopted or hereafter amended. The cost of all necessary desigrl 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 deerned 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 ofthe 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 fimds for paying the cost ofthose portions of the TBD projects deerned by the Board most nec€ssary and in the best interests of the District. The Board shall daermine the exact locations and specifications for the elernents of the TBD projects as well as the timing order, and manner of implernenting 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(2Xb), as the same may be amended. If the Board shall determine that it has become impractical to acquire, construct, or implernent 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 implernent such portions. Ifall ofthe TBD projects have been acquired, constructed, implemanted or duly provided for, or found to be impractical, the Board may apply the sales and use tax proceeds (including eamings thereon) or any portion thereof to other transportation improvernents thar identified in the City's Six- Y ear (2017-2022) Transportation lmprovernent 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(2Xb), as the same may be amended. Section I - Ballot Proposition. It is hereby found and declared that the best interests of the District require the submission to the qualified electon 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 l, 2017. For the purpose of NO ! providing funds necessary to pay or finance a portion of the costs of the TBD Projects, the Clallam County Auditor, as ex fficio 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 ofa sales tax, or value ofthe 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 occr,rrrence of any taxable event within the boundaries ofthe District, and shall be imposed for a period oftar ( l0) years from its first date ofcollection. Upon approval ofthe 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 ofTBD projects. The Clerk ofthe Board is hereby authorized and directed to certifu said proposition to said official in the following form: PORT ANGELES TRANSPORTATION BENEFIT DISTRICT PORT ANGELES, WASHINGTON SALES AND USE TAX TOR TRANSPORTATION IMPROVEMENTS The Governing Board of the Port Angeles Transportation Banefit District adopted Resolution TBD_OI- l]_ concerning a sales and use tax to fund transportation improvernents. This proposition would authorize a sales and use tax of two-tenths of one percent (0.2o/o) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a term often ( l0) years for the purpose ofpalng for or financing the costs of the following transportation improvanent projects: street and sidewalk preservation, maintenance, and repair, including transportation improvernent projects identified in the City's Six-Year (2017 -2022) Transportation Improvernent Plan. Should this proposition be approved? trYES Chairperson ATTEST: onnila( \llr,luaqtr /"n"ifJ v*.tiasen, Clerk of the Board APPROVED AS TO FORM: William E. Bloor, City Attomey 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 sectior/subsection numbers and any references thereto, and to make corrections or revisions consistent with the requirernents of the Clallam County Prosecuting Attomey 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 ofthis resolution. PASSED by the Board of the Port Angeles Transportation Benefit District, Port Angeles, Washington, at a regular open public meeting thereofon the 186 day of April 2017. t/,t,, 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 1 i i 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, i I 2 f i 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. f f 3 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 s 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 4 .................. 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 5 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