028-16 - WA State Department of Licensing - ContractDocuSign Envelope ID: F6E16532-0CDD-482E-P-77995A747CDD
Revised 12-10-2015
TRANSPORTATION BENEFIT DISTRICT (TBD)
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' LICENSING
DISCLOSURE AGREEMENT
DOL Contract No. i'C594't
TBD Contract No
Upon execution, this Contract is entered into by and between Washington State, Department of Licensing (hereinafter
called "DOL" or "Department"), and the Port Orchard Transportation Benefit District (hereinafter called "TBD" or
"Contractor") listed below,
Contract Start Date
Ctmtract End hale
Contractor Amount
Date of execution
Extend through the life of the TBD
1 % of each $20.00 fee collected will
be aid to DOL
Purpose (brief deseriplion)
The purpose of this Contract is to provide the terms and conditions under which DOL shall administer and collect fees
on behalf of cities who have established a Transportation Benefit District (T13D) in order to provide the funding for
transportation improvements within the TBD's area.
CONTRACTOR CONTACT INFORMATION
Contmclor Address
Uniform business ideniifier(UB1)
Employment identifteation Number(rlrN)
216 Prospect Street, Port Orchard, WA 98366
182-000-005
'f B1) Cont mct Managcr
TnD Phone
Contractor fax
Contractor E-Mail Address
Allan Martin, Treasurer
360-876-4407
360-895-9029
finance cit of ortorchard.us
Contractor Additional Contact 92
Conlact 92 Phone
Cantacl #2 lax
Contact 02 H-Mail Address
Brandy Rinearson
360-876-4407
360-895-9029
Df putacm M1,
DEPARTMENT OF LICENSING(DOL) CONTACT INFORMATION
DOL Division
DO Administration
Programs and Services
Data Sharing Contracts Unit
Contract Manager
DOL Contact Address
Debbie Dunn, Data Sharing Contracts Manager
PO BOX 2076
Olympia WA, 98507-2076
Contract Manager lelephonc
Contract Managcr E-Mail
360-902-0136
ddunn dol.wa. ov
AUTHORITY
in accordance with, RCW 36.73.065, RCW 39.34, RCW 46.17, RCW 82.80.140, WAC 308-10, Chapter 18 USC sec.
2721-2725 Driver Privacy Protection Act (DPPA), and Executive Order 97.01, and all applicable laws as currently
written or hereafter amended.
ATCACHMEh rS
This following are attached and incorporated herein and/or by reference (Check all applicable)
® A = General Terms and Conditions N B = Statement of Work
® C = Vehicles Subject To Fees ® D = Vehicles Not Subject To Fees
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and cancel all previous agreements, writings, and communications,
oral or otherwise regarding the subject matter of this Contract, between the parties.
IN WITNESS WHEREOF, the parties have executed this Contract and affirm they have read and understand all terms
and conditions of this Contract and have the authority to bind their respective parties to the terms and conditions of
this Contract.
Contractor Signature hate Signed
DOL Signature Date Signed
L]acu5lpnad 6y:
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8,z,���6
Rob Putannsua, Mayor
amara o rman, Assistant Director
cis clerk rilyaf orlorrhard.tes
Page 1 of 8
ATTACHMENT A
GENERAL TERMS AND CONDITIONS
THEREFORE, IT IS MUTUALLY AGREED THAT:
1. DEFINITIONS
As used throughout this Contract the following terms shall have the meanings set forth below:
a. "Administrative and Collection Expenses" means the Direct and Indirect Cost associated with the collection of
the TBD fees, including but not limited to information technology services to implement and support the collection
of TBD fees; accounting for and payment of fees to the TBD; Contract administration; and management analysis
as well as other incidental administrative overhead, and includes the costs associated with optional access to the
Internet Vehicle Information Processing System (IVIPS). It does not include record inquiries by TBD (under an
IVIPS contract).
b. "Authorized User" means TBD officers, and employees, or any other authorized agent or official of the TBD.
c. "Billing Cycle" means the annual vehicle registration renewal.
d. "Direct Cost" shall include, but is not limited to, all operating, equipment and personnel costs used to furnish the
information, reruns and/or additional data runs, costs materials and data integrity costs directly related to the
monthly production and maintenance of these data files.
e. "District" means all the territory within the boundaries of the TBD's jurisdiction establishing the District.
f. "DOL File" means the data file received from a third party used by DOL as the primary GIS data source to
assess TBD fees.
g. "GIS" means the Geographical Information System data provided to DOL by a third party. "Indirect Cost" shall
include, but is not limited to, auditing, answering complaints, correspondence, administrative overhead, building
rents, related utilities, and other expenses identified as Indirect Costs by the Director of DOL.
h. "Location Code" means the four digit number that corresponds to a TBD jurisdiction that is used by DOL when
assessing the TBD fee. The four digit number is derived from the Department of Revenue's sales and use tax
Location Code information.
i. "Next Billing Cycle" means the Billing Cycle that occurs during the 12th month following the current Billing Cycle.
For example, if a renewal is sent for a due date in the month of January 2014, the Next Billing Cycle will be
January 2015.
j. "RCW" means Revised Code of Washington.
k. "Subcontractor' means a person or entity not in the employment of the TBD named in this Contract, but who is
performing all or part of those services outlined in this Contract under a separate Contract with the TBD. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. STATEMENT OF WORK
The parties to this Contract shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise
do all things necessary for or incidental to the exchange of data as set forth in the Attachment B, Statement of Work,
Attachment C, Vehicles Subject To Fees, and Attachment D, Vehicles Not Subject to Fees, that are attached and
incorporated by reference.
3. PERIOD OF PERFORMANCE
Subject to its other provisions, this Contract is subject to review as necessary to review applicable law changes that
affect this Contract and the provision herein, or as is otherwise required herein.
4. FEE COLLECTION
Fee collection may not be sooner than six (6) months from the signed and dated Ordinance or Resolution creating
the TBD fee.
4.1. PAYMENT/ REIMBURSEMENT
a. DOL shall deduct a percentage amount, as provided in RCW 82.80.140, of one percent (1%) of the twenty
dollar ($20.00) fee collected for Administration and Collection Expenses incurred.
b. DOL shall automatically deduct one percent (1 %) at the time of each transaction.
C. DOL shall certify the release of the proceeds to the state treasurer, and the state treasurer shall distribute
the proceeds to the TBD on a monthly basis depending upon their disbursement schedule.
d. The one percent (1%) fee is a maximum permitted by statute and is based upon the costs associated with
the Administration and Collection Expenses for the TBD.
5. RECORDS and DOCUMENTS
The parties to this Contract shall each maintain books, records, documents and other evidence, which sufficiently and
properly reflect all Direct and Indirect Costs expended by either party in the performance of the service(s) described
herein. These records shall be subject to inspection, review or audit by authorized personnel of either party, the Office of
Attachment A, General Terms And Conditions Page 2 of 8
the State Auditor, and other government officials so authorized by law for the period such records are required to be
retained according to the Washington State Retention Schedule.
Each party will utilize reasonable security procedures and protections to assure that records and documents
provided by the other party are not erroneously disclosed to third parties, except as required by law.
6. ASSURANCES
DOL and the Contractor agree all activity pursuant to this Contract will be in accordance with all applicable current or
future federal, state and local laws, rules, and regulations.
7. PUBLIC RECORDS REQUESTS
For any public records request received by the TBD for confidential information, the TBD will coordinate with DOL in
an effort to mutually agree upon the information to be disseminated. If the TBD and DOL disagree, the TBD will
provide DOL at least ten (10) days in order to allow DOL to seek judicial review as provided under the Public
Records Act.
8. INDEMNITY
Except as specifically provided in this section, the parties have not agreed to indemnify or hold harmless each other.
a. Each party agrees to hold harmless and indemnify the other from any claim, loss or liability arising from or out
of the employment or contractual relationship of each parties' employees and Subcontractors.
b. DOL agrees to bear all costs associated with the resolution of fee payer disputes regarding statutory
exemption from license fees and agrees to hold harmless and indemnify the TBD from such costs.
c. TBD agrees to bear all costs associated with the resolution of fee payer disputes relating to the formation of
the TBD, the levying of any charge or fee on matters relating to the residence of the fee payer or other
disputes relating to the location of the vehicle or fee payer, and agrees to hold harmless and indemnify the
DOL from such costs.
d. The term "cost" as used herein refers to any and all administrative costs, court costs and reasonable
attorneys' fees associated with resolution of any claim, loss or liability.
9. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Contract shall continue to be
employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other
party.
10. CONTRACT ALTERATIONS AND AMENDMENTS
This Contract may be amended by mutual consent of the parties. Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind each of the parties.
11. MEMORANDUM OF UNDERSTANDING (MOU)
Any communications that either contract manager determines to address more than day-to-day concerns, but do not
modify the terms of this Contract, shall be documented by a written, numbered and dated Memorandum of
Understanding (MOU).
12. TERMINATION BY LEGISLATIVE ACTION
This Contract is terminated upon formal action of the State Legislature by enacting statutory prohibition. If this Contract
is terminated, DOL is entitled to payments required under the terms of this Contract for services rendered prior to
termination.
13. REMEDIES DISPUTE RESOLUTION
The relationship of the parties is in part defined by statute. In recognition of the parties' relationship and the lack of
alternatives for the collection of fees, the parties have established these provisions regarding their respective rights
and remedies.
13.1 Dispute Resolution
The parties shall attempt to resolve any dispute between the parties regarding the interpretation or
performance under this Contract at a staff level. If a party believes the other to be in breach of this Contract, it
shall provide written notice of breach to the party via postage paid in the U.S. mail using addresses as
provided on page one (1) of this Contract. The alleged party in breach shall have ten (10) business days to
either cure the breach or refer any dispute to arbitration by the Dispute Board.
Attachment A, General Terms And Conditions Page 3 of 8
The Dispute Board shall attempt to resolve the dispute in the following manner prior to seeking judicial review.
Due to the critical nature of the parties statutory obligations, disputes regarding public records shall not be
subject to this procedure, except as provided in Section 7, Public Records Request. Additional procedures are
provided for alleged breach of confidentiality.
a. Each party to this Contract shall appoint one member to the Dispute Board.
b. The members so appointed shall jointly appoint an additional member to the Dispute Board.
c. The Dispute Board shall review the facts, Contract terms, applicable statutes and rules and make a
determination.
14. GOVERNANCE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the
venue of any action brought under this Contract shall be in the Superior Court for Thurston County.
15. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, unless otherwise provided in this Contract, the inconsistency shall
be resolved by giving precedence in the following order:
1. Applicable federal and Washington State laws, statutes and regulations;
2. Attachment A, General Terms and Conditions;
3. Attachment B, Statement of Work; Attachments C, Vehicles Subject to Fees; and Attachments D, Vehicles not
Subject to Fees; and
4. Any other provisions of this Contract and documents incorporated by reference or otherwise.
5.
16. ASSIGNMENT
Any city or county in which a Transportation Benefit District has been established pursuant to chapter 36.73 RCW
with boundaries coterminous with the boundaries of the city or county may by ordanance or resolution of the city or
county legislative authority assume the rights, powers, functions, and obligations of the Transportation Benefit District
in accordance with Washington law. The city or county, within ten business days, notify DOL of the passage of such
ordanance or resolution and provide a copy. The parties will work coorperatively in the transition of the rights,
powers, functions, and obligations of the Transportation Benefit District.
17. WAIVER
Unless the Contract is amended in writing by an authorized representative of DOL and the TBD, waiver of a default
under this Contract, or failure by DOL or the TBD to exercise its rights shall not be considered a modification or
amendment to the Contract; or constitute a waiver of any subsequent default.
18. LIMITATION OF STATE LIABILITY
The parties agree that in no event shall the state of Washington, the Department, the Director of the Department or
any Department employees, be liable to Contractor for any damages, costs, lost production, or any other loss of any
kind for failure of the Department's equipment, hardware or software to perform for any reason, or for the loss of
consequential damage which is the result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire,
failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other
disasters.
The state of Washington, the Department, the Director of the Department or any Department employee shall not be
liable for any claim of any nature against Contractor by any party arising from any failure in the service furnished by
the Department under this Contract, for any errors, mistakes or acts on the part of the Department or its agents
which result in the failure of the Department's equipment or software which fails to perform for any reason or for any
other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of war, epidemics,
acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear
accidents or other disasters.
19. SEVERABILITY
If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this
end the provisions of this Contract are declared to be severable.
20. INTERLOCAL CONTRACT
This is an interlocal Contract entered into pursuant to the authorization of chapter 39.34 RCW. Accordingly, the
following provisions are set forth in accordance with the provisions of RCW 39.34.030.
a. This Contract shall be perpetual unless terminated as herein provided.
b. No separate legal or administrative entity is created by this Contract.
Attachment A, General Terms And Conditions Page 4 of 8
c. The cooperative undertakings of the parties shall be financed as provided herein. Each party shall separately
establish and maintain a budget for its own functions.
d. No joint property shall be acquired, held or disposed of. Any real or personal property used in the joint or
cooperative undertaking shall be considered to be and remain the property of the party who purchased such real
or personal property.
e. This Contract shall be effective when posted on the website of either the DOL or the jurisdiction in which the TBD
has been created in accordance with RCW 39.34.040.
21. CONTRACT MANAGEMENT
The contract manager for each of the parties as named on page one (1) of this Contract shall be responsible for and
shall be the contact person for all communications and billings regarding the performance of this Contract.
***THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK***
Attachment A, General Terms And Conditions Page 5 of 8
Revised 12-10-2015
ATTACHMENT B
STATEMENT OF WORK
7. FOR ADMINISTRATION AND COLLECTION OF THE VEHICLE FEE
The Transportation Benefit District (TBD), or the city/county if they are legally assigned responsibility, shall furnish
the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or
incidental to the performance of work as set forth below.
8. RESPONSIBILITIES OF THE TBD
The TBD shall:
a. Be the primary point of contact to respond to inquiries or disputes from citizens who have questions about the
fee.
b. Handle all contacts and/or disputes regarding boundaries and/or questions regarding the TBD or its collection of
fees.
c. Agree that any omitted or incorrect addresses that result in the fee not being charged for the current Billing
Cycle will not be collected by DOL during the current cycle. DOL will charge the fee during the Next Billing
Cycle if GIS data is updated by the data provider, DOL has a reasonable amount of time to accomplish
necessary computer changes, and the address is within the TBD boundary.
d. Process and issue any refunds or shortages that may be due. It is anticipated that TBD refunds will be largely
due to boundary disputes.
e. Verify boundary information of the TBD against the information provided in the GIS system to ensure an
address taxing Location Code is appropriately identified for fee collection. Notify DOL of any changes to initiate
computer -programming updates for proper fee collection.
9. RESPONSIBILITIES OF DOL
DOL shall:
a. Not impose the fee for vehicles as defined by law as "Not Subject" to the fee by statute and are listed in
Attachment D, Vehicles Not Subject to Fee.
b. Use data from the DOL File as the primary source for identification when assessing the fee for a vehicle
registered within a TBD area. If the Location Code is one of the TBD areas, then DOL will apply the charge to
the vehicle record. If a match cannot be found within the data from the DOL File, then the customer will not be
billed the fee. DOL will not use any other data source to determine TBD fee liability.
c. Administer and collect the appropriate annual vehicle fees of up to $20.00 per vehicle, at the time of registration
renewal, pursuant to RCW 82.80.140.
d. Not be responsible for the issuance of any refunds or shortages of the fee collected on behalf of TBD for
boundary disputes when a customer claims they do not live in a TBD's area.
e. Not be responsible or liable for any incorrect or omitted notices sent because TBD provided information to DOL
in error.
f. Not make corrections or issue replacement paper or electronic renewal notices. Not be obligated to recover
actual or perceived revenue loss of the fee due to errors from data provided to DOL for boundary discrepancies.
g. Not be responsible for inquiries and/or disputes of customers regarding the fees imposed by the TBD, except to
direct the customer to the contact information provided to DOL by the TBD.
h. Provide customers with information on the DOL webpage, which includes contact information for TBD.
i. Provide vehicle licensing office and DOL staff with information to explain the TBD fee, which includes a list of
TBD contact information.
j. Not be responsible for the timeliness of the State Treasurer's monthly distribution of funds.
****REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK*****
Attachment B, Statement of Work Page 6 of 8
Revised 12-10-2015
ATTACHMENT C
VEHICLES SUBJECT TO FEE
The annual vehicle fee is due for each vehicle subject to license tab fees and for each vehicle subject to
gross weight fees with an unladen (scale) weight of 6,000 pounds or less as described in table below.
Vehicles registered with Disabled American Veteran Exemption would be exempt from the tax.
The annual vehicle licensing fee applies only when renewing a vehicle registration, and is effective upon
the registration renewal date as provided by the Department of Licensing.
The following vehicles are subject to the vehicle licensing fee under RCW 82.80.140:
Use Class
Description
What makes it Subject...
CAB
Taxicab
46.17.350
CMB (powered)
Combination
46.17.355, if scale weight is 6000
pounds or less
COM (powered)
Commercial vehicle
46.17.350, if scale weight is 6000
pounds or less
CYC
Motorc cle
46.17.350
FIX
Fixed Load vehicle
46.17.355, if scale weight is 6000
pounds or less
F/H, 6 seats or less
For Hire
46.17.350
F/H, 7 seats or more
For Hire
46.17.355, if scale weight is 6000
pounds or less
H/D
House Moving Dolly
46.17.350
LOG(powered)
Used Exclusively for hauling
logs
46.17.355, if scale weight is 6000
pounds or less
MH
Motor home
46.17.350
MOB
Mobile Home
46.17.350 if actually licensed
PAS
Passenger vehicle
46.17.350
STA, 6 seats or less
Stage
46.17.350
STA, 7 seats or more
Stage
46.17.355, if scale weight is 6000
pounds or less
TLR
Private —use trailer (if over 2000
pounds scale weight)
46.17.350
TOW
Tow truck
46.17.350
TRK
Truck
46.17.355, if scale weight is 6000
pounds or less
TVL
Travel trailer
46.17.350
NEP
Neighborhood electric
passenger vehicle
46.17.350
NET
Neighborhood electric truck
46.17.355, if scale weight is 6000
pounds or less
MEP
Medium -speed electric
passenger vehicle
46.17.350
MET
Medium -speed electric truck
46.17.355, if scale weight is 6000
pounds or less
Attachment C, Vehicles Subject To Fee Page 7 of 8
Revised 12-10-2015
ATTACHMENT D
VEHICLES NOT SUBJECT TO FEE
The following vehicles are specifically exempted from the vehicle licensing fee:
a. Campers, as defined in RCW 46.04.085;
b. Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181;
C. Mopeds, as defined in RCW 46.04.304;
d. Off -road and non highway vehicles as defined in RCW 46.04.365;
e. Private use single -axle trailer, as defined in RCW 46.04.422;
f. Snowmobiles as defined in RCW 46.04.546; and
g. Vehicles registered under chapter 46.87 RCW and the international registration plan.
The following vehicles are not subject to the vehicle fee under RCW 82.80.140:
Use Class
Description
What makes it Subject...
ATV
Motorized Non highway vehicle
Not subject to 82.80.140
C/G
Converter Gear
Not subject to license fees
CMB non powered
Trailers
Not subject to license fees
CMP
Cam ers
Exem t under 82.80.140
COM non powered
Commercial
Exempt under 82.80.140
EX
State, County, City, Indian
Not subject to license fees
FAR
Farm
Exempt under 82.80.140
FCB
Farm Combination
Exempt under 82.80.140
FED
Federally Owned
Not subject to license fees
FEX
Farm Exempt
Not subject to license fees
H/C (i.e., Antique vehicle)
Horseless Carriage( see specific use
class for vehicle type)
Not subject to license fees
LOG nonpowered)
Used exclusively for hauling logs
Exempt under 82.80.140
ORV
Off Road Vehicles
Exempt under 82.80.140
PED
Moped
Exempt under 82.80.140
RES
Restored and Collector Vehicles
Not subject to license fees
SCH
Private School
Not subject to license fees
SNO
Snowmobiles
Exempt under 82.80.140
SNX
State, County, City owned snowmobiles
Exempt under 82.80.140
TLR
Personal use trailers, single axle (less
than 2,000 pounds scale weight)
Exempt under 82.80.140
Attachment D, Vehicles Not Subject To Fee Page 8 of 8
ORDINANCE NO.020-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, KITSAP COUNTY, WASHINGTON, REPEALING
ORDINANCE NO. 010-16, ASSUMING THE RIGHTS, POWERS,
FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE PORT
ORCHARD TRANSPORTATION BENEFIT DISTRICT; REPEALING
SECTION 12.12S.020 AND AMENDING SECTIONS 12.12S.030 AND
.040 OF THE PORT ORCHARD MUNICIPAL CODE TO EFFECT THE
SAME; PROVIDING FOR SEVERABILITY; AND ESTABILISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 36.73 of the Revised Code of Washington (RCW) authorizes the
legislative authority of a city to establish a transportation benefit district (TBD) within the city
area for the purpose of acquiring, constructing, improving, providing, and funding a
transportation improvement within the district that is consistent with any existing state,
regional, or local transportation plans and necessitated by existing or reasonably foreseeable
congestion levels; and
WHEREAS, while RCW 36.73 originally authorized a TBD to be created as a separate
entity with specific rights, powers, functions and obligations, on July 1, 2015, the Washington
State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (2ESSB 5987) entitled
"Transportation Revenue", of which a new Section 301 of Part III, "Local Transportation
Revenue —Transportation Benefit Districts" provides that in any city or county in which a TBD
has been established pursuant to Chapter 36.73 RCW with boundaries coterminous with the
boundaries of the city or county, the legislative authority of that city or county may absorb that
TBD and assume all of the TBD's rights, powers, functions, and obligations; and
WHEREAS, on December 8, 2015 and pursuant to RCW 36.73, the City Council of the
City of Port Orchard (the "Council" and "City", respectively) passed Ordinance No. 027-15,
creating the Port Orchard Transportation Benefit District with boundaries coterminous with the
boundaries of the City and with all Council members serving as the TBD board members and
taking on all rights, powers, functions and obligations of the TBD; and
WHEREAS, thereafter, City staff held the mistaken belief that Ordinance No. 027-15 had
created the TBD as a separate entity, rather than as one in which the City Council had absorbed
the TBD and assumed all of its rights, powers, functions and obligations, and determined that it
was necessary to hold a public hearing and potentially pass an ordinance to absorb the TBD;
and
Ordinance No. 020-16
Page 2 of 3
WHEREAS, pursuant to Section 302 of 2ESSB 5987, the Council adopted Resolution No.
052-16, declaring its intent to conduct a public hearing at its regular council meeting on June
14, 2016, to consider the City's proposed assumption of all rights, powers, functions, and
obligations of the TBD; and
WHEREAS, on June 14, 2016, the Council conducted the public hearing .allowing all
persons interested in the City's proposed assumption of the TBD the opportunity to be heard;
and
WHEREAS, on June 14, 2016, the City Council adopted Ordinance 010-16 to authorize
the City to absorb the TBD and assume all of its rights, powers, functions and obligations; and
WHEREAS, Ordinance 010-16 is a duplicate ordinance in that it accomplishes the
absorption of the TBD by the City, which act was already accomplished under Ordinance 027-
15, and nothing else; and
WHEREAS, the City Council has determined that Ordinance 010-16 should be repealed
in its entirety; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1.Ordinance No. 010-16 is hereby repealed in its entirety.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or preemption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Corrections. Upon the approval of the city attorney, the city clerk is
authorized to make any necessary corrections to this ordinance including, but not limited to,
the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
Section 4. Effective Date. This ordinance shall be published in the official newspaper of
the City and shall take full force and effect five (5) days after the date of publication.
Ordinance No. 020-16
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of July 2016.
ATTESTED:
Brandy Rinearson, City Clerk, CIVIC
APPROVED AS TO FORM:
on Cates, City Attorney
PUBLISHED: August 5, 2016
EFFECTIVE DATE: August 10, 2016
Di�t:e
Robert Putaansuu, Mayor
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Sponsored by: 9TF OF
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Bek Ashby, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held July 26`h, 2016.
ORDINANCE NO.020-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
KITSAP COUNTY, WASHINGTON, REPEALING ORDINANCE NO. 010-16,
ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND
OBLIGATIONS OF THE PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT;
REPEALING SECTION 12.125.020 AND AMENDING SECTIONS 12.125.030 AND
.040 OF THE PORT ORCHARD MUNICIPAL CODE TO EFFECT THE SAME;
PROVIDING FOR SEVERABILITY; AND ESTABILISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 020-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 020-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 5th, 2016
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: City Attorney
Reviewed by: City Attorney
Introduced: December 8, 2015
Adopted: December 8, 2015
ORDINANCE NO.027-15
AN ORDINANCE OF PORT ORCHARD, WASHINGTON, RELATING TO THE
ESTABLISHMENT OF THE PORT ORCHARD TRANSPORTATION BENEFIT
DISTRICT, IDENTIFYING THE GOVERNING BOARD, DESCRIBING THE
FUNCTIONS OF THE DISTRICT, DESCRIBING THE MANNER IN WHICH
TRANSPORTATION IMPROVEMENTS SHALL BE FUNDED AND
DISSOLUTION OF THE DISTRICT, ALL AS ALLOWED BY CHAPTER 36.73
RCW, ADDING A NEW CHAPTER 3.44 TO THE PORT ORCHARD
MUNICIPAL CODE.
WHEREAS, the City Council desires to respond to the need for transportation
improvements on city streets by establishing a transportation benefit district, as
authorized by chapter 36.73 RCW; and
WHEREAS, the SEPA Responsible Official has determined that this Ordinance is
categorically exempt under SEPA, WAC 197-11-800(19) as a program relating solely to
governmental procedures and containing no substantive standards respecting use or
modification of the environment; and
WHEREAS, notice of a public hearing on this Ordinance establishing a
transportation benefit district was provided according to RCW 36.73.050(1), including,
but not limited to, publication of such notice in a newspaper in general circulation in the
City, not less than ten days before the hearing; and
WHEREAS, the public hearing was held on the establishment of a transportation
benefit district by the Port Orchard City Council on December 8, 2015; and
WHEREAS, the City Council considered the adoption of this ordinance during its
regular meeting of December 8, 2015 and determined that the establishment of a
transportation benefit district is in the public interest; Now, Therefore,
IT IS HEREBY ORDAINED BY THE PORT ORCHARD CITY COUNCIL AS FOLLOWS:
Section 1. A new chapter 3.44 shall be added to the Port Orchard Municipal
Code, which shall read as follows:
Ordinance No. 027-15
Page 2 of 4
CHAPTER 3.44
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.44.010
Purpose.
3.44.020
Establishing the Transportation Benefit District
3.44.030
Governing Board
3.44.040
Functions of the District
3.44.050
Transportation Improvements Funded
3.44.060
Dissolution of District
3.44.060
Liberal Construction.
3.44.010 Purpose. The purpose of this chapter is to establish a transportation
benefit district (TBD) pursuant to RCW 35.21.225 and chapter 36.73 RCW, consistent
with the public interest, to provide adequate levels of funding for transportation
improvements that preserve, maintain and, as appropriate, construct or reconstruct the
transportation infrastructure of the City of Port Orchard.
3.44.020 Establishing the Transportation Benefit District. There is created a
transportation benefit district to be known as the Port Orchard 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.
3.44.030 Governing Board.
A. The governing board of the Port Orchard Transportation Benefit District
shall be the Port Orchard 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
Treasurer.
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). The policy must at least address material
changes to cost, scope and schedule, the level of change that will require governing
body involvement and how the governing body will address those changes. At a
minimum, if the District funding participation in a transportation improvement exceeds
its original cost by more than twenty percent (20%) as identified in the. District's original
Ordinance No. 027-15
Page 3 of 4
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).
3.44.040 Functions of the District.
A. The District, by a majority vote of its governing board, may authorize a
motor vehicle license fee of up to twenty dollars as provided in RCW 82.80.140 for the
purposes set forth in this chapter and as may be subsequently authorized according to
law.
B. The District may impose additional taxes, fees or charges authorized by
RCW 36.73.040 or ad valorem property taxes authorized by RCW 36.73.060, only if
approved by District voters pursuant to RCW 36.73.065.
C. The District shall have all powers and functions provided by chapter 36.73
RCW to fulfill the functions of the District, including the power to issue general
obligation bonds and revenue bonds as provided in RCW 36.73.070, or form a local
improvement district as provided in RCW 36.73.080.
3.44.050 Transportation improvements funded. The funds generated by the
Transportation Benefit District may be used for transportation improvements that
preserve, maintain, operate, construct and reconstruct the existing transportation
infrastructure of the City, consistent with chapter 36.73 RCW, as it now exists or is
hereafter amended. In addition to the foregoing, the funds generated may be used for
any purpose allowed by law, including to operate the District and to make
transportation improvements that are consistent with state, regional and local
transportation plans and necessitated by existing or reasonably foreseeable congestion
levels, pursuant to chapter 36.73 RCW. The District shall select to the extent practicable
projects for funding that reduce the risk of transportation facility failure and improve
safety, decrease travel time, increase daily and peak period trip capacity, improve modal
connectivity, provide for economic development, improve accessibility for persons with
special transportation needs, and preserve and maintain optimal performance of the
infrastructure over time to avoid expensive infrastructure construction and replacement
in the future.
All funds raised through the District shall be expended only for such construction,
reconstruction, preservation, maintenance and operation in accordance with the
provisions of chapter 36.73 RCW as it now exists or is hereafter amended. The funds
expended by the District shall preserve, maintain, operate and improve the City's
investments in the transportation infrastructure, reduce the risk of transportation
facility failure, improve safety, continue the cost effectiveness of the City's
Ordinance No. 027-15
Page 4 of 4
infrastructure investments, provide for economic development 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.
3.44.060 Dissolution of District. The 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.
3.44.070 Liberal Construction. This chapter is to be liberally construed to
accomplish the purpose of establishing a transportation benefit district with the
broadest possible authority under chapter 36.73 RCW, as it now exists or is hereafter
amended.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this Ordinance.
Section 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 6. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 8th day of December,
2015.
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPR VIED AS TO FORM:
;f
arol Morris, City Attorney
Timo6y C. Matthes, Mayor
Sponsored by:
t �I�
Bek Ashby, Councilmemb'er
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held December 8, 2015.
ORDINANCE NO.027-15
AN ORDINANCE OF PORT ORCHARD, WASHINGTON, RELATING TO THE ESTABLISHMENT OF THE
PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT, IDENTIFYING THE GOVERNING BOARD,
DESCRIBING THE FUNCTIONS OF THE DISTRICT, DESCRIBING THE MANNER IN WHICH
TRANSPORTATION IMPROVEMENTS SHALL BE FUNDED AND DISSOLUTION OF THE DISTRICT,
ALL AS ALLOWED BY CHAPTER 36.73 RCW, ADDING A NEW CHAPTER 3.44 TO THE PORT
ORCHARD MUNICIPAL CODE.
Copies of Ordinance No. 027-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 027-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 18, 2015