HomeMy WebLinkAboutOrdinances - 2012-13 - Creating and Establishing the East Wenatchee Transportation Benefit District, adding Chapter 4.420of the EWMC - 11/13/2012City ofEast Wenatchee,Washington
Ordinance No.2012-13
An Ordinance of the City of East Wenatchee creating and establishing
the East Wenatchee Transportation Benefit District and adding
Chapter 4.42 to the East Wenatchee Municipal Code.
1.Recitals.
a.Preamble.The City of East Wenatchee ("City")is a non-charter code
City duly incorporated and operating under the laws ofthe State of
Washington.
b.By enacting chapter 36.73 RCW,the State Legislature authorized
cities to establish a transportation benefit district for the purpose of
acquiring,constructing,improving,providing,and funding
transportation improvements within the city that are consistent with
any existing state,regional or local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels.
c.By enacting Chapter 36.73 RCW,the Legislature intended to enhance
the capability ofcities to make and fund transportation improvements
necessitated by economic development and to improve the performance
of the transportation system.
d.RCW 36.73.015 defines "transportation improvement"to mean a
project contained in the transportation plan ofthe state,a regional
transportation planning organization,city,county,or eligible
jurisdiction as identified in RCW 36.73.020(2).A project may include
investment in new or existing highways of statewide significance,
principal arterials of regional significance,high capacity
transportation,public transportation,and other transportation
projects and programs of regional or statewide significance including
transportation demand management.Projects may also include the
operation,preservation,and maintenance ofthese facilities or
programs.
City ofEast Wenatchee
Ordinance 2012-13
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e.The transportation benefit district will include the entire City ofEast
Wenatchee as the boundaries currently exist or as they may be altered
by annexation.
f.The Council encourages the transportation benefit district governing
board to amend its list ofeligible projects annually in accordance with
Chapter 36.73.050(2)(b).
2.Authority.
a.RCW 35A.l1.020 and RCW 35A.12.190 authorize the City Council to
adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
b.RCW 35.21.225 authorizes the City Council to establish a
transportation benefit district for the purpose ofacquiring,
constructing,improving,providing,and funding transportation
improvements,subject to the provisions of Chapter 36.73 RCW.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
Section 1:Findings.The City Council makes the following findings:
a)As required by RCW 36.73.050,the City published notice of a public
hearing (attached as Exhibit A),which described the projects and
activities to be funded by the transportation benefit district;
b)As required by RCW 36.703.050,on November 13,2012,the City
Council conducted a public hearing;
c)It is in the best interest of the City to establish a city-wide
transportation benefit district consistent with Chapter 36.73 RCW,
to protect the City's long term investments in infrastructure,to
reduce the risk of transportation facility failures and improve
safety,to continue optimal performance of the infrastructure over
time,and to avoid mor~expensive infrastructure replacement in
the future;and
d)The City's Street Overlay Program must be annually updated to
identify projects that constitute transportation improvements that
may be funded by the District as funding becomes available.
City ofEast Wenatchee
Ordinance 2012-13
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Section 2:Adoption.The City Council adopts a new Chapter of the East
Wenatchee Municipal Code.Chapter 4.42 ofthe East Wenatchee
Municipal Code will read as follows:
Chapter 4.42
TRANSPORTATION BENEFIT DISTRICT
Sections:
4.42.010
4.42.020
4.42.030
4.42.040
4.42.050
4.42.060
4.42.010
Formation.
Boundaries.
Transportation Benefit District Governing Board.
Powers.
Transportation Improvements Funded.
Dissolution ofDistrict.
Formation.
As authorized by RCW 35.21.225 and by chapter 36.73 RCW,the
City establishes and creates the East Wenatchee Transportation
Benefit District (District).
4.42.020 Boundaries.
The geographical boundaries ofthe District are the city limits of
the City of East Wenatchee as they now exist or as altered by future
annexations.
4.42.030 Transportation Benefit District Governing Board.
Consistent with RCW 36.73.0202(3),the governing board of the
District is the City of East Wenatchee City Council acting in an ex
officio and independent capacity.The governing board may exercise all
statutory powers set forth in Chapter 36.73 RCW.
A.As required by RCW 36.73.160(1),the governing board must
develop a material change policy to address major plan changes that
affect project delivery or the ability to finance the plan.
B.As required RCW 36.73.160(3),the governing board must issue
an annual report.
City ofEast Wenatchee
Ordinance 2012-13
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C.Meetings of the governing board are governed by the procedural
rules applicable to the meetings of the City Council.The governing
board must take action in the same manner and follow the same
procedure as the City Council uses to adopt resolutions.Whenever
possible,the governing board will meet on a date scheduled for city
council meetings.
D.The first action the governing board must take is to nominate
and elect a chair.The chair presides over all meetings of the governing
board.
E.As required by RCW 36.73.020(4),the city treasurer is the ex
officio treasurer of the Transportation Benefit District.
F.The East Wenatchee City Attorney is the legal adviser to the
governing board,except where the District engages separate counselor
where the City Attorney has a conflict ofinterest.
G.The governing Board may authorize an Advisory Committee,
consisting of up to seven city residents to advise the governing board
as requested on matters relating to project priorities and material
changes.An Advisory Committee member is nominated by the chair
and confirmed by the governing board.
4.42.040 Powers.
The governing board has and may exercise any and all powers
and functions provided by chapter 36.73 RCW to fulfill the purposes of
the District.
4.42.050 Transportation Improvements Funded
The revenues ofthe District must be used for transportation
improvements that preserve,maintain and operate existing
infrastructure of the city consistent with the requirements of chapter
36.73 RCW.Expenditures ofDistrict revenues must preserve,
maintain and operate the city's previous investments in transportation
infrastructure,reduce the risk of transportation facility failure,
improve safety,or reduce congestion.The governing board may change
or expand these authorized purposes only after notice,hearing,and
other procedures described in RCW 36.73.050(b)(2).
City ofEast Wenatchee
Ordinance 2012-13
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4.42.060 Dissolution of District
In accordance with the procedures set forth in Chapter 36.73
RCW,the District automatically dissolves when all indebtedness ofthe
District has been retired and when all of the District's anticipated
responsibilities have been satisfied.
In addition to automatic dissolution of the District,the governing
board may dissolve the District for any legal reason.
4.42.070 Liberal Construction.
As authorized by Chapter 36.73 RCW,this chapter is liberally
construed to permit the accomplishment of its purpose.
Section 3:Severability.Ifa court of competent jurisdiction declares any provision
in this Ordinance to be contrary to law,such declaration shall not
affect the validity of the other provisions of this Ordinance.
Section 4:Publication.The City Council directs the City Clerk to publish a
summary of this Ordinance.The summary shall consist of the title of
this Ordinance.
Section 5:Effective Date.This Ordinance becomes effective five days after the
date its summary is published.
City ofEast Wenatchee
Ordinance 2012-13
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Passed by the City Council of East Wenatchee,at a regular meeting thereof
on this -l:3!!!.-day of IVouembee,2012.
CITY OF EAST WENATCHEE,
WASHINGTON
By ----,,-~~~~~~_
/'Steven C.Lacy,May
ATTEST:
Dana Barnard,City Clerk
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City ofEast Wenatchee
Ordinance 2012-13
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Summary of Ordinance No.2012-13
Of the City of East Wenatchee,Washington
On the ~day of J\j O\km W ,2012,the City Council of the City of
East Wenatchee,Washington approved Ordinance No.2012-13,the main point of
which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee creating and establishing
the East Wenatchee Transportation Benefit District and adding
Chapter 4.42 to the East Wenatchee Municipal Code.
Upon request,the City will mail a full text ofthis Ordinance.
Dated this J31Jh day of A1~kr,2012.
CITY CLERK,DANA BARNARD
City ofEast Wenatchee
Ordinance 2012-13
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