RCW 36.73.010
Intent.
The legislature finds that the citizens of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities, towns, and counties to make and fund transportation improvements necessitated by economic development and to improve the performance of the transportation system.
It is the intent of the legislature to encourage joint efforts by the state, local governments, and the private sector to respond to the need for those transportation improvements on state highways, county roads, and city streets. This goal can be better achieved by allowing cities, towns, and counties to establish transportation benefit districts in order to respond to the special transportation needs and economic opportunities resulting from private sector development for the public good. The legislature also seeks to facilitate the equitable participation of private developers whose developments may generate the need for those improvements in the improvement costs.
[
2005 c 336 s 2
;
1987 c 327 s 1
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.015
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "City" means a city or town.
(2) "District" means a transportation benefit district created under this chapter.
(3) "Low-income" means household income set by the district creating the rebate program that is at or below seventy-five percent of the median household income, adjusted for household size, for the district in which the fees, taxes, or tolls were imposed.
(4) "Rebate program" means an optional program established by a transportation benefit district that includes a city with a population of five hundred thousand persons or more for the purpose of providing rebates to low-income individuals for fees, taxes, and/or tolls imposed by such transportation benefit district for: (a) Vehicle fees imposed under RCW 36.73.040
(3)(b); (b) sales and use taxes imposed under RCW 36.73.040
(3)(a); and/or (c) tolls imposed under RCW 36.73.040
(3)(d).
(5) "Supplemental transportation improvement" or "supplemental improvement" means any project, work, or undertaking to provide public transportation service, in addition to a district's existing or planned voter-approved transportation improvements, proposed by a participating city member of the district under RCW 36.73.180
.
(6) "Transportation improvement" means a project contained in the transportation plan of the 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 of these facilities or programs.
[
2015 3rd sp.s. c 44 s 311
;
2012 c 152 s 1
. Prior:
2010 c 251 s 2
;
2010 c 105 s 1
;
2006 c 311 s 24
;
2005 c 336 s 1
.]
NOTES:
Effective date
—
2015 3rd sp.s. c 44:
See note following RCW 46.68.395
.
Findings
—
2006 c 311:
See note following RCW 36.120.020
.
Effective date
—
2005 c 336:
"This act takes effect August 1, 2005." [
2005 c 336 s 26
.]
RCW 36.73.020
Establishment of district by county or city
—
Participation by other jurisdictions.
(1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within the area specified in subsection (2) of this section, 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. The transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the transportation improvement is or becomes a state highway. However, if deemed appropriate by the governing body of the transportation benefit district, a transportation improvement may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation improvements shall be administered and maintained as other public streets, roads, highways, and transportation improvements. To the extent practicable, the district shall consider the following criteria when selecting transportation improvements:
(a) Reduced risk of transportation facility failure and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in *RCW 47.06B.012
; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district may include area within more than one county, city, port district, county transportation authority, or public transportation benefit area, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter
39.34
RCW. However, the boundaries of the district need not include all territory within the boundaries of the participating jurisdictions comprising the district.
(3) The members of the legislative authority proposing to establish the district, acting ex officio and independently, shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted pursuant to chapter
39.34
RCW, with the governing body being composed of (a) at least five members including at least one elected official from the legislative authority of each participating jurisdiction or (b) the governing body of the metropolitan planning organization serving the district, but only if the district boundaries are identical to the boundaries of the metropolitan planning organization serving the district.
(4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within the district.
(6) Prior to December 1, 2007, the authority under this section, regarding the establishment of or the participation in a district, shall not apply to:
(a) Counties with a population greater than one million five hundred thousand persons and any adjoining counties with a population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this subsection; and
(c) Other jurisdictions with any area within the counties under (a) of this subsection.
[
2010 c 250 s 1
;
2009 c 515 s 14
;
2006 c 311 s 25
;
2005 c 336 s 3
;
1989 c 53 s 1
;
1987 c 327 s 2
.]
NOTES:
*Reviser's note:
RCW 47.06B.012
was repealed by
2011 c 60 s 51
.
Findings
—
2006 c 311:
See note following RCW 36.120.020
.
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
Severability
—
1989 c 53:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1989 c 53 s 5
.]
Transportation benefit district tax authority: RCW 82.47.020
.
RCW 36.73.030
Establishment of district by city.
See RCW 35.21.225
.
RCW 36.73.040
General powers of district.
(1) A transportation benefit district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
(2) A transportation benefit district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the jurisdiction that established the district apply to the district.
(3) To carry out the purposes of this chapter, and subject to the provisions of RCW 36.73.065, a district is authorized to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW 82.14.0455
;
(b) A vehicle fee in accordance with RCW 82.80.140
;
(c) A fee or charge in accordance with RCW 36.73.120
. However, if a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences are exempt from the fee or charge under RCW 36.73.120
; and
(d) Vehicle tolls on state routes, city streets, or county roads, within the boundaries of the district, unless otherwise prohibited by law. However, consistent with RCW 47.56.820, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department of transportation shall administer the collection of vehicle tolls authorized on state routes, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the tolls in amounts sufficient to implement the district's transportation improvement finance plan. The district shall administer the collection of vehicle tolls authorized on city streets or county roads, and shall set and impose the tolls in amounts sufficient to implement the district's transportation improvement plan. However, consistent with RCW 47.56.850, the vehicle toll, including any change in an existing toll rate, must first be reviewed and approved by the tolling authority designated in RCW 47.56.850
if the toll, or change in toll rate, would have a significant impact, as determined by the tolling authority, on the operation of any state facility.
[
2008 c 122 s 17
;
2005 c 336 s 4
;
1989 c 53 s 3
;
1987 c 327 s 4
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
Severability
—
1989 c 53:
See note following RCW 36.73.020
.
RCW 36.73.050
Establishment of district
—
Public hearing
—
Ordinance.
(1) The legislative authorities proposing to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. Subject to the provisions of RCW 36.73.170, the legislative authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been retired and anticipated responsibilities have been satisfied. This notice shall be in addition to any other notice required by law to be published. The notice shall, where applicable, specify the functions or activities proposed to be provided or funded, or the additional functions or activities proposed to be provided or funded, by the district. Additional notice of the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities deem necessary to notify affected persons. All hearings shall be public and the legislative authorities shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection (1) of this section, the legislative authorities may establish a district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an ordinance providing for the action.
(b) The ordinance establishing a district shall specify the functions and transportation improvements described under RCW 36.73.015
to be exercised or funded and establish the boundaries of the district. Subject to the provisions of RCW 36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded.
[
2007 c 329 s 3
;
2005 c 336 s 5
;
1987 c 327 s 5
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.060
Authority to levy property tax.
(1) A district may levy an ad valorem property tax in excess of the one percent limitation upon the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052
and Article VII, section 2(a) of the state Constitution.
(2) A district may provide for the retirement of voter-approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies in excess of the one percent limitation whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056
.
[
2005 c 336 s 6
;
1987 c 327 s 6
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.065
Taxes, fees, charges, tolls, rebate program.
(1) Except as provided in subsection (4) of this section, taxes, fees, charges, and tolls may not be imposed by a district without approval of a majority of the voters in the district voting on a proposition at a general or special election. The proposition must include a specific description of: (a) The transportation improvement or improvements proposed by the district; (b) any rebate program proposed to be established under RCW 36.73.067
; and (c) the proposed taxes, fees, charges, and the range of tolls imposed by the district to raise revenue to fund the improvement or improvements or rebate program, as applicable.
(2) Voter approval under this section must be accorded substantial weight regarding the validity of a transportation improvement as defined in RCW 36.73.015
.
(3) A district may not increase any taxes, fees, charges, or range of tolls imposed or change a rebate program under this chapter once the taxes, fees, charges, tolls, or rebate program takes effect, except:
(a) If authorized by the district voters pursuant to RCW 36.73.160
;
(b) With respect to a change in a rebate program, a material change policy adopted pursuant to RCW 36.73.160
is followed and the change does not reduce the percentage level or rebate amount;
(c) For up to $40 of the vehicle fee authorized in RCW 82.80.140
by the governing board of the district if a vehicle fee of $20 has been imposed for at least 24 months;
(d) For up to $50 of the vehicle fee authorized in RCW 82.80.140
by the governing board of the district if a vehicle fee of $40 has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section; or
(e) For up to three-tenths of one percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax, pursuant to the sales and use tax authorized in RCW 82.14.0455
.
(4)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district the following fees, taxes, and charges:
(i) Up to $20 of the vehicle fee authorized in RCW 82.80.140
;
(ii) Up to $40 of the vehicle fee authorized in RCW 82.80.140
if a vehicle fee of $20 has been imposed for at least 24 months;
(iii) Up to $50 of the vehicle fee authorized in RCW 82.80.140
if a vehicle fee of forty dollars has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section;
(iv) A fee or charge in accordance with RCW 36.73.120
; or
(v) Up to one-tenth of one percent of the sales and use tax in accordance with RCW 82.14.0455
.
(b) The vehicle fee authorized in (a) of this subsection may only be imposed for a passenger-only ferry transportation improvement if the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities may not impose the fees or charges identified in (a) of this subsection within 180 days after July 22, 2007, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the 180-day period; or
(ii) A district solely comprised of a city or cities identified in RCW 36.73.020
(6)(b) may not impose the fees or charges until after May 22, 2008, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140
(2)(a) cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of the governing body of the district up to: (a) $20 of the vehicle fee authorized in RCW 82.80.140, (b) $40 of the vehicle fee authorized in RCW 82.80.140
if a fee of $20 has been imposed for at least 24 months, or (c) $50 of the vehicle fee authorized in RCW 82.80.140
if a vehicle fee of $40 has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section.
(6) If a district intends to impose a vehicle fee of more than $40 by a majority vote of the governing body of the district, the governing body must publish notice of this intention, in one or more newspapers of general circulation within the district, by April 1st of the year in which the vehicle fee is to be imposed. If within 90 days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the district for the office of the governor at the last preceding gubernatorial election, the county auditor must canvass the signatures in the same manner as prescribed in RCW 29A.72.230
and certify their sufficiency to the governing body within two weeks. The proposition to impose the vehicle fee must then be submitted to the voters of the district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29A.04.311
. The vehicle fee may then be imposed only if approved by a majority of the voters of the district voting on the proposition.
[
2022 c 182 s 406
;
2015 3rd sp.s. c 44 s 309
;
2012 c 152 s 3
;
2007 c 329 s 1
;
2005 c 336 s 17
.]
NOTES:
Intent
—
Effective date
—
2022 c 182:
See notes following RCW 70A.65.240
.
Effective date
—
2015 3rd sp.s. c 44:
See note following RCW 46.68.395
.
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.067
Vehicle fee rebate program
—
Low-income individuals
—
Report to legislature.
(1) A district that: (a) Includes a city with a population of five hundred thousand persons or more; and (b) imposes a vehicle fee under RCW 36.73.040
(3)(b), sales and use taxes under RCW 36.73.040
(3)(a), or tolls under RCW 36.73.040
(3)(d), may establish a rebate program for the purposes of providing rebates of up to forty percent of the actual fee, tax, or toll paid by a low-income individual.
(2) Funds collected from a vehicle fee under RCW 36.73.040
(3)(b), sales and use tax under RCW 36.73.040
(3)(a) or tolls under RCW 36.73.040
(3)(d) may be used for a rebate program established under this section.
(3) A district that establishes a rebate program is responsible for the development and administration of the program and all functions and costs associated with the rebate program.
(4) A district that establishes a rebate program under this section must report back to the legislature two years after the program takes effect. The report must include, but is not limited to, a detailed description of the structure of the program, the average rebate, the total amount of rebates issued, and the number of people that received rebates.
[
2012 c 152 s 2
.]
RCW 36.73.070
Authority to issue general obligation bonds, revenue bonds.
(1) To carry out the purposes of this chapter and notwithstanding RCW 39.36.020
(1), a district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015
. A district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to five percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the district pursuant to Article VIII, section 6 of the state Constitution, and may also provide for the retirement thereof by excess property tax levies as provided in RCW 36.73.060
(2). The district may, if applicable, submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies.
(2) General obligation bonds with a maturity in excess of forty years shall not be issued. The governing body of the district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the district may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues that may be available to the district.
(4) In addition to general obligation bonds, a district may issue revenue bonds to be issued and sold in accordance with chapter
39.46
RCW.
[
2005 c 336 s 7
;
1987 c 327 s 7
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.080
Local improvement districts authorized
—
Special assessments
—
Bonds.
(1) A district may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be created and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters
35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and
35.54
RCW. However, the duties devolving upon the city or town treasurer under these chapters shall be imposed upon the district treasurer for the purposes of this section. A local improvement district may only be formed under this section pursuant to the petition method under RCW 35.43.120
and
35.43.125
.
(2) The governing body of a district shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the district has created. The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the district arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the district has created. The district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations included in this subsection (2) shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section.
(3) Assessments shall reflect any credits given by a district for real property or property right donations made pursuant to RCW 47.14.030
.
(4) The governing body may establish, administer, and pay money into a local improvement guaranty fund, in the manner and to the extent provided by law to cities and towns under chapter
35.54
RCW, to guarantee special assessment bonds issued by the district.
[
2005 c 336 s 8
;
1987 c 327 s 8
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.090
Printing of bonds.
Where physical bonds are issued pursuant to RCW 36.73.070
or
36.73.080, the bonds shall be printed, engraved, or lithographed on good bond paper and the manual or facsimile signatures of both the treasurer and chairperson of the governing body shall be included on each bond.
[
1987 c 327 s 9
.]
RCW 36.73.100
Use of bond proceeds.
(1) The proceeds of any bond issued pursuant to RCW 36.73.070
or
36.73.080
may be used to pay costs incurred on a bond issue related to the sale and issuance of the bonds. These costs include payments for fiscal and legal expenses, obtaining bond ratings, printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs.
[
2005 c 336 s 9
;
1987 c 327 s 10
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.110
Acceptance and use of gifts and grants.
A district may accept and expend or use gifts, grants, and donations.
[
2005 c 336 s 10
;
1987 c 327 s 11
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.120
Imposition of fees on building construction or land development.
(1) Subject to the provisions in RCW 36.73.065, a district may impose a fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land for commercial purposes, only if done in accordance with chapter
39.92
RCW.
(2) Any fee or charge imposed under this section shall be used exclusively for transportation improvements as defined in RCW 36.73.015
. The fees or charges imposed must be reasonably necessary as a result of the impact of development, construction, or classification or reclassification of land on identified transportation needs.
(3) If a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district.
[
2010 c 105 s 2
;
2007 c 329 s 4
;
2005 c 336 s 11
;
1988 c 179 s 7
;
1987 c 327 s 12
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
Severability
—
Prospective application
—
Section captions
—
1988 c 179:
See RCW 39.92.900
and
39.92.901
.
RCW 36.73.130
Power of eminent domain.
A district may exercise the power of eminent domain to obtain property for its authorized purposes in the same manner as authorized for the city or county legislative authority that established the district.
[
2005 c 336 s 12
;
1987 c 327 s 13
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.140
Authority to contract for street and highway improvements.
A district has the same powers as a county or city to contract for street, road, or state highway improvement projects and to enter into reimbursement contracts provided for in chapter
35.72
RCW.
[
2005 c 336 s 13
;
1987 c 327 s 14
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.150
Department of transportation, counties, cities, and other jurisdictions may fund transportation improvements.
The department of transportation, counties, cities, and other jurisdictions may give funds to districts for the purposes of financing transportation improvements under this chapter.
[
2005 c 336 s 14
;
1987 c 327 s 15
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.160
Transportation improvement projects
—
Material change policy
—
Annual report.
(1) The district governing body shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan. 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, in the event that a transportation improvement cost exceeds its original cost by more than twenty percent as identified in a district's original finance plan, the governing body shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved.
(2) A district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district.
[
2005 c 336 s 18
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.170
Completion of transportation improvement
—
Termination of district operations
—
Termination of taxes, fees, charges, and tolls
—
Dissolution of district.
Within thirty days of the completion of the construction of the transportation improvement or series of improvements authorized by a district, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any and to carry out the requirements of RCW 36.73.160
. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, charges, or tolls imposed by the district terminate when the financing or debt service on the transportation improvement or series of improvements constructed is completed and paid and notice is provided to the departments administering the taxes. Any excess revenues collected must be disbursed to the participating jurisdictions of the district in proportion to their population, using population estimates prepared by the office of financial management. The district shall dissolve itself and cease to exist thirty days after the financing or debt service on the transportation improvement, or series of improvements, constructed is completed and paid. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the transportation improvement or series of improvements authorized by the district. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished.
[
2005 c 336 s 19
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
RCW 36.73.180
Supplemental transportation improvements.
(1) In districts comprised of more than one member city, the legislative authorities of any member city that is located in a county having a population of more than one million five hundred thousand may petition the district to provide supplemental transportation improvements.
(2) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements that are to be fully funded by the petitioner city, including ongoing operating and maintenance costs, the district must:
(a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.050
(1); and
(b) Following the hearing, if a majority of the district's governing board determines that the proposed supplemental transportation improvements are in the public interest, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services. The supplemental transportation improvements must be in addition to existing services provided by the district. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements.
(3) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements proposed to be partially or fully funded by the district, the district must:
(a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.050
(1); and
(b) Following the hearing, submit a proposition to the voters at the next special or general election for approval by a majority of the voters in the district. The proposition must specify the supplemental transportation improvements to be provided and must estimate the capital, maintenance, and operating costs to be funded by the district.
(4) If a proposition to incorporate supplemental transportation improvements is approved by the voters as provided under subsection (3) of this section, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services provided by the district. The supplemental improvements must be in addition to existing services. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements.
(5) A supplemental transportation improvement must be consistent with the petitioner city's comprehensive plan under chapter
36.70A
RCW.
(6) Unless otherwise agreed to by the petitioner city or by a majority of the district's governing board, upon adoption of an ordinance under subsection (2) or (4) of this section, the district shall maintain its existing public transportation service levels in locations where supplemental transportation improvements are provided.
[
2010 c 251 s 3
.]
RCW 36.73.900
Liberal construction.
The rule of strict construction does not apply to this chapter, and this chapter shall be liberally construed to permit the accomplishment of its purposes.
[
1987 c 327 s 16
.]