HomeMy WebLinkAbout23-001 Providing for a Ballot PropositionResolution 23-001
RESOLUTION NO. 23-001
A RESOLUTION OF THE GOVERNING BODY OF THE PORT TOWNSEND
TRANSPORTATION BENEFIT DISTRICT OF THE CITY OF PORT TOWNSEND
PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE DISTRICT ON NOVEMBER 7, 2023 TO
AUTHORIZE A SALES AND USE TAX TO BE IMPOSED WITHIN THE
BOUNDARIES OF THE DISTRICT UPON ALL TAXABLE RETAIL SALES IN THE
AMOUNT OF THREE -TENTHS OF ONE PERCENT (0.3%) FOR THE PURPOSE OF
FINANCING ALL OR A PORTION OF THE COSTS ASSOCIATED WITH
TRANSPORTATION IMPROVEMENTS IN THE DISTRICT IDENTIFIED HEREIN
FOR A PERIOD OF TEN (10) YEARS
WHEREAS, the City of Port Townsend (the "City") approved Ordinance No. 3319 on
July 24, 2023, establishing the PortTownsend Transportation Benefit District ("TBD") of the
City of PortTownsend (the "District") pursuant to Chapter 36.73 RCW; and
WHEREAS, the City does not currently have sufficient funds with which to pay for
street maintenance and repair as identified Comprehensive Street Program and Pavement
Condition Assessment; and
WHEREAS, the City does not currently have sufficient funds with which to pay for
transportation capital improvements, including, but not limited to, improvements that are
identified as necessary in the City's Six-year (2023-2029) Transportation Improvement Plan; and
WHEREAS, the District is authorized pursuant to RCW 36.73.040(3)(x) to impose a
sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding three -tenths
of one percent (0.3%) for a period of ten years upon a favorable vote of the qualified electors
within the District for the purpose of financing certain transportation improvements; and
WHEREAS, the City has identified a sales and use tax imposed in accordance with
RCW 82.14.0455 as a funding source available to the District, as well as any other lawful
funding sources available to the District pursuant to RCW 36.73.040; and
WHEREAS, if approved by the voters, the sales and use tax will apply to persons who
shop and thereby use the roads in the City and not just to City residents; and
WHEREAS, if approved by the voters, revenues from a sales and use tax will be used to
fund transportation improvements in the District as identified in the City's Six-year (2023-2029)
Transportation Improvement Plan that includes the preservation, maintenance, and operation of
existing transportation infrastructure of the City;
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Port Townsend
Transportation Benefit District as follows:
Section 1--- -_Find tThe Governing Board of the District (the "Board") hereby finds
that the best interests of the inhabitants of the District require the District to submit to the
qualified voters of the District, at a special election to be held on November 7, 2023, a
proposition authorizing the District to impose a sales and use tax in the amount of three -tenths of
Resolution 23-001
one percent (0.3%) pursuant to RCW36.73.040(3)(a), RCW 36.73.065(1), and RCW 82.14.0455
for the purpose of providing a portion of the funds necessary to finance transportation
improvements in the District, and to impose such sales and use tax if approved by an affirmative
vote of a majority of the District voters voting at the election.
Section 2 — Descriptiop of tjgnsportataon improvements. The transportation
improvements carried out with the sales and use tax revenues must be projects or programs
contained in the City's Six-year (2023-2029) Transportation Improvement Plan, including all
associated maintenance, operation, labor, material, and equipment required for these projects and
programs. The specific projects within the City's Six-year (2023-2029) Transportation
Improvement Plan include:
1. Citywide pavement repair, rehabilitation, and preservation of the City's street system as
identified in the 2018 Pavement Condition Assessment list.
2. Citywide gravel road repair, rehabilitation, and paving.
3. Citywide sidewalk/ADA construction, upgrades, and repairs.
4. Citywide traffic calming.
5. Other projects as identified in the City's Transportation Improvement Plan, as adopted or
hereafter amended.
The cost of all necessary design, engineering, financial, legal and other consulting
services, inspection and testing, administrative and relocation expenses, and other costs
incurred in connection with the foregoing TBD projects shall be deemed a part of the costs of
the TBD projects.
The Board shall determine the application of moneys available for the TBD projects so
as to accomplish, as nearly as may be practical, all of the TBD projects. In the event that the
proceeds of sales and use taxes authorized herein, plus any other money of the District legally
available, are insufficient to accomplish all of the TBD projects, the Board shall use the
available funds for paying the cost of those portions of the TBD projects deemed by the Board
most necessary and in the best interests of the District.
The Board shall determine the exact locations and specifications for the elements of the
TBD projects as well as the timing, order, and manner of implementing or completing the TBD
projects. The Board may alter, make substitutions to, and amend the TBD project descriptions
as it determines is in the best interests of the District consistent with the general descriptions
provided above and in accordance with the material change policy adopted by the Board and the
notice, hearing, and other procedures described in Chapter 36.73 RCW, including RCW
36.73.050(2)(b), as the same may be amended.
If the Board shall determine that it has become impractical to acquire, construct, or
implement all or any portion of the TBD projects by reason of changed conditions,
incompatible development, costs substantially in excess of the amount of sales and use tax
proceeds estimated to be available, or acquisition by a superior governmental authority, the
Board shall not be required to acquire, construct, or implement such portions. If all of the TBD
projects have been acquired, constructed, implemented or duly provided for, or found to be
impractical, the Board may apply the sales and use tax proceeds (including earnings thereon) or
any portion thereof to other transportation improvements then identified in the City's SixYear
(2023-2029) Transportation Improvement Plan in accordance with the material change policy
Resolution 23-001
adopted by the Board and the notice, hearing, and other procedures described in Chapter 36.73
RCW, including RCW 36.73.050(2)(b) as the same may be amended.
Section Ballot Prol,; it onin.._._._j
It is hereby found and declared that the best interests of the District require the
submission to the qualified electors of the District a proposition whether the District shall
impose a sales and use tax within the limitations established in RCW 82.14.0455 for their
approval or rejection at a special election to be held on November 7, 2023. For the purpose of
providing funds necessary to pay or finance a portion of the costs of the TBD Projects, the
Jefferson County Auditor, as ex officio supervisor of elections in Jefferson County, Washington,
is hereby requested to call and conduct such election to be held within the District on such day
and to submit to the qualified electors of the District for their approval or rejection, a
proposition to impose a sales and use tax in the amount of three -tenths of one percent (0.3%) of
the selling price in the case of a sales tax or value of the article used in the case of the use tax.
The sales and use tax authorized by this section is in addition to any other taxes authorized by
law, shall be collected from those persons who are taxable by the State of Washington under
Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries
of the District and shall be imposed for a period of ten years from its first date of collection.
Upon approval of the voters of the proposition hereinafter set forth, the District may use
proceeds of such sales and use tax for the purpose of paying or financing a portion of the costs
of TBD projects. The Clerk of the Board is hereby authorized and directed to certify said
proposition to said official in the following form:
PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT
PORT TOWNSEND, WASHINGTON SALES AND USE TAX FOR
TRANSPORTATION IMPROVEMENTS
The Governing Board of the Port Townsend Transportation Benefit
District adopted Resolution concerning a sales and use
tax to fund transportation improvements. This proposition would
authorize a sales and use tax of three -tenths of one percent (0.3%) to be
collected from all taxable retail sales within the District in accordance
with RCW 82.14.0455 for a ten-year term for the purpose of paying for
or financing the costs of the following transportation improvement
projects: street maintenance, repair and preservation, sidewalk
maintenance and repair, and transportation improvement projects
identified in the City's Six-year (2023-2029) Transportation
Improvement Plan.
Should this proposition be approved?
YES...................................
NO.................................... ❑
Section 4 — Corrections. The Clerk of the District and the codifiers of this resolution
are authorized by the Port Townsend Transportation Benefit District Board to make necessary
clerical corrections to this resolution including, but not limited to, the correction of
Resolution 23-001
scrivener's/clerical errors, references, resolution numbering, section/subsection numbers and
any references thereto, and to make corrections or revisions consistent with the requirements of
the Jefferson County Prosecuting Attorney or County Auditor that do not change the substantive
meaning of the resolution.
Section 5— Sever n
bility,,, If any sectio, sentence, clause, or phrase of this resolution
mm
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or constitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this resolution.
PASSED by the Board of the Port Townsend Transpor. �ition Benefit District, Port
ft
Townsend, Washington, at a special open public meeting x f on the )>-day-<August 2023.
Attest:
Alyssa
Clerk of die Board
Approved as to form;
. ........ .
t ek i greenwood
nsportation Benefit District
Attorney