ORD 2012-14 ESTABLISHING TRANSPORTATION BENEFIT DISTRICTORDINANCE NO. 2012-14
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
transportation; amending Title 12 of the Bainbridge Island Municipal Code
(BIMC) to create a new chapter, Chapter 12.29, for the purpose of establishing a
Transportation Benefit District.
WHEREAS, the City of Bainbridge Island has the responsibility for the improvement,
maintenance, protection and operation of public streets and ways within the corporation limits of
the City; and
WHEREAS, the improvement, maintenance, protection and operation of public streets
and ways requires preserving existing transportation improvements to avoid both catastrophic
failure that would require significant additional funds for reconstruction and to avoid their
gradual deterioration that would lead to reduced safety margins and increased congestion; and
WHEREAS, the Washington "Transportation Plan 2007 -2026 approved by the
Washington Transportation Commission states the highest priority is to preserve and extend prior
investments in existing transportation facilities, and specifically recognizes the preservation,
maintenance and operations of city streets as a matter of state -wide significance; and
WHEREAS, the Destination 2030 Metropolitan Transportation Plan for the Central
Puget Sound approved by the Puget Sound Regional Council states that the first priority is to
maintain, preserve, make safe, and optimize existing transportation infrastructure; and
WHEREAS, the City has limited funds to pay for such necessary preservation,
maintenance and operation of streets and ways; and
WHEREAS, on -going costs of preservation, maintenance and operation of streets and
ways continue to increase, while dedicated revenues have decreased due in significant part to the
loss of Motor Vehicle Excise Tax revenues formerly available to the City; and
WHEREAS. chapter 36.73 RCW provides for the establishment of transportation benefit
districts and for additional revenue sources for transportation improvements within the district
that are consistent with existing state, regional or local transportation plans and necessitated by
existing or reasonably foreseeable congestion levels; and
WHEREAS, the City desires to form a transportation benefit district to include the entire
boundaries of the City of Bainbridge Island as such boundaries now exist or may hereafter be
extended by future annexations; and
WHEREAS, the City has provided public notice and conducted a public hearing
regarding the proposed establishment of the transportation benefit district as required by RC W
36.73.050; and
WHEREAS it is in the best intPrectc of tha City to estnbltsl: a cay-wide transportatto
benefit district for the improvement, preservation, maintenance and operation of the City's
transportation_ infrastructure to improve and protect the City's long -term investment in such
infrastructure, to reduce the risk of transportation facility failure, to improve safety, to avoid
more expensive infrastructure replacements in the fixture, and to reduce congestion or stem the
expected increase in congestion created by failing roads;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. There is hereby added a new chapter of the Bainbridge Island Municipal Code to read
as follows:
Chapter 12.29
TRANSPORTATION BENEFIT DISTRICT
Sections:
12.29.010 Transportation Benefit District Established.
12.29.020 Governing Board.
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12.29.030 Purpose of the District.
12.29.040 Authority of the District.
12.29.050 Use of funds.
12.29.060 Dissolution of the District.
12.29.010 Transportation Benefit District Established.
There is hereby established a transportation benefit district to be known as the
Bainbridge Island Transportation Benefit District ( "District ") with geographical
boundaries comprised of the corporate limits of the City of Bainbridge Island as
they now exist or may hereafter be altered by future annexations.
12.29.020 Governing Board.
A. The governing board ( "Board ") of the District shall be the Bainbridge Island
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 District shall be the City's Director of Finance and
Administrative Services.
C. The Board shall develop a material change policy to address major plan
changes that affect project delivery of the ability to finance the plan, pursuant to
the requirements set forth in RCW 36.73.160(1).
D. The Board shall issue an annual report pursuant to the requirements of RCW
36.73.160(2).
12.29.030 Purpose of the District.
The purpose of the District is to improve and protect the City's long term
investment in its transportation infrastructure, to reduce the risk of transportation
facility failure, to improve safety, to avoid more expensive infrastructure
replacements in the future, and to reduce congestion or stem the expected increase
in congestion created by failing roads.
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12.29.040 Authority of the District.
A. The District shall have and may exercise any and all powers and functions
provided by chapter 36.73 RCW to fulfill the purposes of the District, and this
chapter of the Bainbridge Island Municipal Code shall be liberally construed to
permit the accomplishments of the District's purposes.
B. The District may impose a
fee of up
to
$20 of the vehicle fee authorized in
RCW 82.80.140, and /or a fee or charge
in
accordance with RCW 36.73.120.
C. When authorized by the votes pursuant to the requirements of chapter 36.73
RCW, the District may assess other taxes, fees, charges and tolls or increases in
these revenue sources for the improvement, preservation, maintenance and
operation of city streets and ways.
D. The District may issue general obligation bonds or revenue bonds in
accordance with the provisions of RCW 36.73.070.
12.29.U5U Use of funds.
The revenues of the District shall be used for transportation improvements that
improve, preserve, maintain and operate existing transportation infrastructure of
the city consistent with the requirements of chapter 36.73 RCW. Expenditures of
District revenues shall improve, preserve, maintain and operate the city's previous
investments in transportation infrastructure, reduce the risk of transportation
facility failure, improve safety, or to reduce congestion or stem the expected
increase in congestion created by failing roads. Any change or expansion of these
authorized purposes shall be undertaken only after notice, hearing and adoption of
an authorizing ordinance in accordance with RCW 36.73.050.
12.29.060 Dissolution of the District.
The District shall be automatically dissolved, pursuant to the procedures set forth
in chapter 36.73 RCW, when all the indebtedness of the District has been retired
and when all the District's anticipated responsibilities have been satisfied.
Section 2. If one or more sections, subsections, or sentences of this ordinance are held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the remainder of the ordinance shall remain in full force and effect.
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Section 3. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 22" d day of August, 2012.
APPROVED BY THE MAYOR this 22 °d day,of August, 20,12.
Debbi Lester, Mayor
ATTEST /AUTHENTICATE:
FILED WITH THE CITY CLERK: August 3, 2012
PASSED BY THE CITY COUNCIL: August 22, 2012
PUBLISHED: August 24, 2012
EFFECTIVE DATE: August 29, 2012
ORDINANCE NUMBER: 2012 -14
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