019-16 - Ordinance - Annual Vehicle License FeeORDINANCE NO. 019-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, ESTABLISHING AN ANNUAL VEHICLE
LICENSE FEE; ESTABLISHING SEVERABILITY AND AN EFFECTIVE
DATE; AND PROVIDING FOR CORRECTIONS.
WHEREAS, Chapter 36.73 RCW enables cities and counties to create transportation
benefit districts to finance and carry out transportation improvements necessitated by
economic development and to improve the performance of transportation systems; including
but not limited to acquiring, constructing, improving, providing and funding transportation
improvements within the district that are consistent with existing state, regional, and local
transportation plans and necessitated by exiting or reasonably foreseeable congestion levels;
and
WHEREAS, the City Council of the City of Port Orchard (the "City Council") found it to be
in the best interest of the City to establish a citywide Transportation Benefit District for the
preservation and maintenance of the City's streets, sidewalks, and related infrastructure
consistent with Chapter 36.73 RCW, to protect the City's long term investments in that
infrastructure, to reduce the risk of transportation facility failures and improve safety, and
continue optimal performance of the infrastructure over time, and to avoid more expensive
infrastructure replacements in the future; and
WHEREAS, the City Council approved Ordinance No. 027-15 on December 8, 2015,
establishing the Port Orchard Transportation Benefit District (the "District") as authorized by
RCW 35.21.225 and subject to the provisions of Chapter 36.73 RCW, for the purpose of funding
transportation maintenance and improvement projects that are consistent with existing state,
regional, and local transportation plans and necessitated by existing or reasonably foreseeable
congestion levels (the "TBD Projects"); and
WHEREAS, the District includes the entire City of Port Orchard as the boundaries
currently exist or as they may be extended by annexation; and
WHEREAS, the members of the City Council constitute the governing body of the District
as recognized in POMC 3.44.030; and
WHEREAS, RCW 36.73.065 authorizes a transportation benefit district to initially
impose, by majority vote, a twenty dollar ($20.00) annual vehicle license fee as authorized in
RCW 82.80.140; and recognized in POMC 3.44.040 and
WHEREAS, the annual vehicle license fee will help ensure the City is competitive with
grant funding opportunities; and
Ordinance No. 019-16
Page 2 of 3
WHEREAS, in accordance with RCW 82.80.140, the new vehicle license fee may not be
collected until six (6) months after approval of this action by the City Council; and
WHEREAS, the City Council finds it to be in the best interest of the City and the District
to establish an annual vehicle license fee in the amount of twenty dollars ($20.00) for the
purposes of ongoing transportation improvements and preserving, maintaining, operating,
constructing, or reconstructing the transportation infrastructure of the District and funding
transportation improvements within the District that are consistent with the TBD Projects; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Annual Vehicle License Fee Established. An annual vehicle license fee of
twenty dollars ($20.00) is hereby established. Consistent with RCW 36.73.065(4)(a)(i), as
written or hereafter amended, to be collected by the Washington Department of Licensing on
qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended.
Section 2. Revenue Restrictions. The revenues received from the twenty dollar ($20.00)
vehicle license fee shall only be expended on TBD Projects approved by the Port Orchard City
Council pursuant to Ordinance No. 027-15 and state law.
Section 3. Vehicle License Fee Collection Effective Date. The annual vehicle license fee
shall take effect for notices mailed in 2017 for vehicle license renewals due on or after January
9, 2017, or as soon thereafter as the Washington Department of Licensing is reasonably able to
incorporate collection of the $20.00 fee; but in no event shall the vehicle license fee be
collected sooner than one hundred and eighty (180) days after approval of this ordinance,
pursuant to RCW 36.73.065 and RCW 82.80.140(4). The vehicle license fee shall be collected
until this ordinance is repealed or amended by the City Council of the City of Port Orchard.
Section 4. Notice to Department of Licensing. The City Council directs the City Clerk to
notify the Washington Department of Licensing (DOL) of the vehicle license fee established in
Section 1 of this ordinance and to request that DOL take all steps necessary to implement
collection of this fee in accordance with RCW 82.80.140.
Section 5. Severability. If any provision of this ordinance shall be declared by any court
of competent jurisdiction to be invalid, then such provision shall be null and void and shall be
separable from the remaining provisions and shall in no way affect the validity of the other
provisions, or of the imposition or collection of the tax authorized herein.
Section 6. Effective Date. A summary of this ordinance shall be published in the official
newspaper of the City. This ordinance shall be effective five (5) days after its passage and
publication.
Ordinance No. 019-16
Page 3 of 3
Section 7. Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk
and/or code publisher is authorized to make necessary corrections to this ordinance, including
the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or section/subsection numbering.
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 12th day of July, 2016.
J? ^ X'j*?***
Sponsored by:
Brandy Rinearsori, CMC, City Clerk
ATTEST:
APPROVED AS TO FORM:
widiun City Attorney Bek Ashby, Councilmffmber
PUBLISHED: July 22, 2016
EFFECTIVE DATE: July 27, 2016