2847ORDINANCE NO.2847
AN ORDINANCE ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT,SPECIFYING
THE BOUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT,SPECIFYING THE
MAINTENANCE AND PRESERVATION OF EXISTING TRANSPORTATION IMPROVEMENTS
WHEREAS,RCW 35.21.225 authorizes theCity Council toestablish aTransportation Benefit District subject
to the provisionsof Chapter 36.73 RCW; and
WHEREAS,the City Council ofthe City of Moses Lake has the responsibility under the Constitution ofthe
State ofWashington for the construction,improvement,maintenance,protection and operation ofpublic ways
within the corporate limits ofthe City pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW;and
WHEREAS,the construction,improvement,maintenance,protection and operation of public ways requires
preserving existing transportation improvements to avoid both catastrophic failure ofthe improvements which
require significant additional funds toreconstruct as well as their gradual deterioration;and
WHEREAS,the number one priority in the"Washington Transportation Plan for 2007-2026"adopted by the
Washington Transportation Commission is to preserve and to extend prior investments and existing
transportation facilities and the services they provide tothe people and commerce;and
WHEREAS,the State Transportation Plan establishes unfunded high priorities ofstatewide significance and
includes the needto "preserve,maintain and operate city streets"thereby recognizing that the shortfall in
funding to preserve,maintain and operate city streets isa matter ofstatewide significance and,accordingly,
an eligible transportation improvement listed on a state plan within the meaning of RCW 36.73.015;and
WHEREAS,the City of Moses Lake has limited transportation funding to pay for necessary transportation
construction, preservation and maintenance;and
WHEREAS,dedicated revenuesfor the City ofMosesLake havedecreasedatthesametimethattheongoing
annual costs reservedto maintain the City's transportation infrastructures continueto rise leaving the City
unableto continueto adequatelypreserveand maintain the City's transportation infrastructure;and
WHEREAS,the City desiresto form a Transportation Benefit District which includes the entire City ofMoses
Lakeas the boundary may currently exist and may hereafterbe expanded by annexation;and
WHEREAS, the City Council ofthe City of Moses Lake finds itto be inthe best interestofthe City toestablish
a City wideTransportation Benefit District for the preservation,construction and maintenance ofthe City's
Transportation Infrastructure consistent with Chapter 36.73 RCW and to protect the City's long term
investment in that infrastructure, to reduce the risk of transportation facility failure,to improve safety, to
continue optimal performanceof the infrastructure over time, and to avoid more expensive infrastructure
replacements in the future;
NOW THEREFORE, the CityCouncilofthe Cityof Moses Lake,Washington does hereby ordain,as follows:
Section 1.Purpose. The purpose of this ordinance isto establish a Transportation Benefit District pursuant
to RCW 35.21.225 and RCW 36.73. The City Council of Moses Lake findsthat itis inthe public interestto
provide adequate levels of funding for the purposes ofongoing transportation improvements that preserve,
maintain and, as appropriate,constructorreconstructthe transportation infrastructure of the City of Moses
Lake consistent with Chapter 36.73 RCW.
Section 2.Providing fora Formation of a Transportation Benefit District.The Cityof Moses Lake adopts a new
chapter of the Moses Lake Municipal Code as follows:
1.Establishing Transportation Benefit District:There is createda Transportation Benefit District to be
known as the Moses Lake Transportation Benefit District or "District"with geographical boundaries
comprised of the corporate limits of the City as they currently exist or as they may expand in their
existence following future annexation.
ORDINANCE NO.2847
PAGE 2 December 27,2016
2.Governing Board:
A. A governing board of the Transportation Benefit District shall be the Moses Lake City Council
acting as ex officio and independent capacity,which shall have the authority to exercise the
statutory powers set forth in Chapter 36.73 RCW.
B.The Board shall issue an annual report,pursuant to the requirements of RCW 36.73.160(2).
3. Officers: The Treasurer of the Transportation Benefit District shall be the City Finance Director of the
Cityof Moses Lake.The Chairman of the Transportation Benefit Districtshall be the Mayor of the City
of Moses Lake.
4.Functions of the District:The District Board may authorize certain funding mechanisms as provided
in RCW 36.73.040,RCW 36.73.060,RCW36.73.065 and RCW 36.73.070.The District Board will also
have authority to hire staff,enter into contracts,acquire,hold and dispose of real property and to sue
and be sued.
5.Transportation Improvements Fund:The funds generated by the Transportation Benefit District shall
be used for transportation improvements that construct,reconstruct,preserve,maintain and operate
the existing transportation infrastructure ofthe Cityof Moses Lake consistentwiththe criteria of Chapter
36.73 RCW and as contained in the City's Transportation Plan.Funds may be utilized for any lawful
purposes under the chapter,but all funds raised through the TBD shall be expanded only for such
preservation,maintenance and operation,construction and reconstruction in accordance with the
provisions of RCW 36.73 as the same exists or is hereafter amended.
The funds expended by the Transportation Benefit District shall construct,reconstruct,preserve,
maintain and operate the City's previous investments in the transportation infrastructure,reduce the risk
of transportation facility failure,improve safety,continue the cost effectiveness of the City's
infrastructure investments,and continue the optimal performance of the transportation system.
Additional transportation projects may be funded only after compliance with provisions of RCW
36.73.050(b)following notice, public hearing and enactment of an authorizing ordinance.
6.Dissolution:The Transportation Benefit District shall be automatically dissolved in accordance
with and in the matter provided in state law,when all indebtedness of the District has been
retired and when all the District's anticipated responsibilities have been satisfied.
Section 3.Severability.Ifany provision this ordinance or its application or any person,legal entity or
circumstances held invalid the remainder of the ordinance or its application or any person,legal entity
or circumstances is not affected.
Section 4.Corrections.The City Clerk is authorized to make necessary corrections to this ordinance,
including, but not limited to, the correction of scrivener's/clerical errors,references,ordinance
numbering sections/subsection numbers and any references thereto.
Section 5.This ordinance shall take effect and be in force thirty (30)days after its passage and
publication of its summary as provided by law.
Adopted by the City Council and signed by its Mayor on D
T&cld Votfi,Mayo
ATTEST:
W.Robert Taylor,B APPROVED AS TO FORM:
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Katherine L.Kenison,<City_|A£li>n1ey