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027-15 - Ordinance - Establishing of the Transportatin Benefit DistrictIntroduced 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 S. 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: S Brandy Rinearson, CIVIC, City Clerk APPR VED AS TO FORM: I� arol Morris, City Attorney Tim y C. Matthes, Mayor Sponsored by: IAXl��t� Bek Ashby, CouncilmemUer 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