HomeMy WebLinkAbout101518_ra01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: October 15, 2018
RE: Briefing on Draft Revisions to County Code on Public Infrastructure Fund
STATEMENT OF ISSUE: Staff will brief the County Commissioners on draft revisions to existing
County code governing the Public Infrastructure Fund in Chapter 3.28 JCC, Chapter 3.29 JCC and
Chapter 3.36 JCC.
At the briefing, Commissioners may provide guidance to staff for further refining the draft
revisions. The Commissioners may also ask staff to propose a public hearing date on the code
revisions and direct a hearing notice be prepared for Commissioner consideration at a
subsequent Commissioner meeting.
ANALYSIS: State law (RCW 82.14.370) allows counties to impose a sales and use tax to finance
public facilities serving economic development purposes in rural counties, and tofinance personnel
in economic development offices. When imposed by a county, the local sales and use tax is
deducted from the amount of state sale and use tax, so the local tax has no impact on the buyer's
total sales tax bill at point of sale.The State law was first enacted in 1997, and was amended most
recently in 2012. In 1998 Jefferson County opted to collect this local sales and use tax, and
dedicated it to a Public Infrastructure Fund, County Fund # 306.
Jefferson County directs the collection and expenditure of this sales and use tax for public
facilities in three chapters of Jefferson County Code (JCC):
• Chapter 3.28 JCC - Distressed County Sales and Use Tax,
• Chapter 3.29 JCC - Public Infrastructure Fund, and
• Chapter 3.36 JCC -Tri-Area Sewer Fund.
Jefferson County has undertaken revising our code provisions to bring them into alignment with
changes in state statute, and to clarify, simplify and streamline the code.
While updating county code is at county discretion, we have consulted with sister jurisdictions
on the Public Infrastructure Fund Board. County Code created a Public Infrastructure Fund
Board comprised of citizen and government representatives to advise the Board of County
Commissioners on PIF expenditures, and as a means to fulfill the County's responsibility under
state statute to consult with those jurisdictions on PIF expenditures.
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This year, the PIF Board has met on August 29 and October 1, 2018, at which time county staff
presented potential PIF code revisions for feedback from the PIF Board members. During
discussions at the October 1 meeting, members of the PIF Board suggested a number of
refinements, which have been incorporated into the draft now before the Board of County
Commissioners.
The draft revisions would accomplish the following major changes:
• Revise County Code to mirror State Statute, by:
o Update the use of funds to also allow financing personnel in economic development
offices, as provided in RCW 82.14.370;
o Update the definition of"Public Facility" to mirror the definition in state statute, by
adding "electrical facilities, natural gas facilities, research, testing, training, and
incubation facilities in innovation partnership zones designated under RCW
43.330.270" to the definition, as provided in RCW 82.14.370; and
o Add a seat to the PIF Board for a representative of the associate development
organization (ADO) serving the county to fulfull the requirement in RCW 82.14.370
that the county must consult with the ADO.
• Consolidate & shorten Chapters 3.28 and 3.29 into just one chapter;
• Limit and Clarify how PIF funds may be directed to the tri-area sewer project, so that
the automatic direction is limited to 50% of PIF revenue, while clarifying that the tri-area
sewer project can compete for additional PIF fund awards as a "public facility."
• Require annual meetings of the PIF Board to review the status of prior awards and to
consider whether to invite additional project funding applications, and meet on other
occasions as necessary as determined by the chair of the PIF Board, who is a County
Commissioner.
• Allow PIF awards to be up to 80% of a project's cost.
• Remove administrative details from Code, allowing the PIF Board and the County the
ability to tailor project solicitations and evaluation criteria over time to match evolving
community needs and priorities, and defer the technical provisions of PIF grant and loan
agreements to the expertise of the PIF Administrator, legal staff and the County
Treasurer.
The draft code revisions include other streamlining changes and clarifications by staff, as well as
additional suggested changes reflecting comments offered by members of the PIF Board during
their review at an October 1, 2018 PIF Board meeting.
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Enclosed with this Agenda Request are the following materials:
• ATTACHMENT 1: Draft code revisions—in clean format
• ATTACHMENT 2: RCW 82.14.370, with highlights to show provisions missing from
current County Code;
• ATTACHMENT 3: Current County Code
• ATTACHMENT 4: Draft code revisions—in tracked changes format, showing proposed
changes to current county code.
FISCAL IMPACT: N/A, as this is an informational briefing.
RECOMMENDATION: Hold the briefing, ask clarifying questions, and provide direction for any
further changes to the draft code revisions. The Board of Commissioners may also request that
at a future date, staff propose a schedule for holding a Public Hearing, and prepare a Hearing
Notice for Board consideration.
REVIEWED BY:
/6/Z-J-
Philip Morley,• myAdminist ator Date
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ATTACHMENT 1:Draft Code Revision—clean version
Chapter 3.28 SALES AND USE TAX FOR ECONOMIC DEVELOPMENT—
PUBLIC INFRASTRUCTURE FUND
Sections:
Article I. Sales and Use Tax&Creation of Public Infrastructure Fund
3.28.010 Imposed.
3.28.020 Establishment of public infrastructure fund.
3.28.030 Use of funds.
3.28.040 Effective date—Expiration date.
Article II. Administration of Public Infrastructure Fund
3.28.050 Definitions.
3.28.060 Use of funds.
3.28.070 Administration of fund.
3.28.080 Public infrastructure fund board.
3.28.090 Composition of public infrastructure fund board.
3.28.100 Public infrastructure fund board meetings.
3.28.110 Project Evaluation Criteria For Use By PIF Board.
3.28.120 Eligible Projects.
3.28.130 Grant and Loan Parameters
3.28.140 Modifying Grand and Loan Terms.
3.28.150 Application review process—Staff Functions.
3.28.160 Severability.
3.28.170 Venue.
Discussion Draft#3—10/04/18 1 of 10
Article I. Sales and Use Tax&Creation of Public Infrastructure Fund
3.28.010 Sales and use tax Imposed.
(1) There is hereby imposed by this chapter a sales and use tax for economic development
pursuant to RCW 82.14.370 upon every taxable event,as defined in Chapter 82.14 RCW,
occurring within Jefferson County.The tax shall be imposed upon and collected from
those persons from whom the state sales or use tax is collected pursuant to Chapters
82.08 and 82.12 RCW.This tax shall be in addition to other sales and use tax imposed by
Jefferson County. [Ord.1-98§1]
(2) The rate of tax imposed by this chapter shall be 0.09 percent of the selling price in the
case of a sales tax or the value of the article used in the case of a use tax,or if state
statute is revised to reduce the 0.09 percent limit,the rate of tax shall be the maximum
rate authorized by statute below 0.09 percent.[Ord.5-07§1;Ord.4-99§1;Ord.1-98§2]
(3) The tax imposed by this chapter shall be collected by the state,and shall be credited
against the amount of sales or use tax due to the state upon the same taxable event
under Chapter 82.08 or 82.12 RCW.[Ord.1-98§3]
(4) The tax imposed by this chapter shall be administered and collected in accordance with
RCW 82.14.050.The chair of the board of county commissioners is hereby authorized to
and directed to execute contracts with the Washington State Department of Revenue that
may be necessary to provide for the administration or collection of the tax.[Ord.1-98§4]
3.28.020 Establishment of public infrastructure fund.
There is hereby created the Public Infrastructure Fund.Monies collected pursuant to this
chapter shall be deposited in this fund by the Jefferson County Treasurer and shall be
administered and dispersed as provided for by law.The fund balance may be invested by the
County Treasurer and any interest earned,net after Treasurer's fees as provided for by law,
shall be deposited in the fund as well.[Ord.1-98§5]
3.28.030 Use of funds.
(1) Monies deposited in the Public Infrastructure Fund shall only be used for purposes as
authorized by the laws of the state of Washington and this Chapter.
(2) Public Infrastructure Funds may be used for the following purposes:
(a) To finance eligible public facilities serving economic development purposes;
(b) To finance the planning,design and construction of the tri-area sewer system
using 50 percent of monies collected under this chapter to the tri-area sewer fund,
pursuant to JCC 3.36.030. In addition,if recommended by the Public Infrastructure
Fund Board,additional Public Infrastructure Funds may be allocated for the tri-
Discussion Draft#3—10/04/18 2 of 10
area sewer system as an eligible public facility,pursuant to paragraph(2)(a),
above. Commented[PM1]:Allowing additional funds for the
(c) To pay or secure the payment of bonds issued for eligible public facility projects tri-area sewer,if recommended by the PIF Board,was
under this chapter; discussed at the 10/3 PIFB meeting.
(d) To finance personnel in economic development offices;and
(e) 7o pay the County's cost for administering the Public Infrastructure Fund,charged
to the fund in accordance with the County's administrative policies and cost
allocation plan,not to exceed five percent of annual Public Infrastructure Fund
revenues Commented[PM2]:Language borrowed from Clallam
15.40.040 CCC 11
(3) No new projects funded with money collected under this section may be for justice
system facilities.[Ord.5-07§2;Ord.4-99§2;Ord.1-98§6]
3.28.040 Effective date—Expiration date.
The sales and use tax codified in this chapter shall take effect August 1,2007,and shall expire
as provided by law July 31,2032,which is 25 years after the date the 0.09 percent tax rate was
first imposed by the county.[Ord.4-16§1;Ord.5-07§3;Ord.4-99§3;Ord.1-98§8]
Article II. Administration of Public Infrastructure Fund
3.28.050 Definitions.
(1) "Economic development purposes"as defined by RCW 82.14.370(3)(c)(ii)means those
purposes which facilitate the creation or retention of businesses and jobs in a county.
(2) "EDC"means the Economic Development Council Team Jefferson or the Associate
Development Organization designated by the county to Washington State.
(3) "Emergent opportunity"means a project tied to an opportunity to attract or retain
businesses or jobs or to leverage other funding for a project in Jefferson County,that has
a short time window for being successful in that opportunity.
(4) "In-kind expenses"means donated or loaned real or personal property,volunteer
services,and employee services.
(5) "Local government pool rate"means the rate of interest charged for loans as determined
by the Local Government Investment Pool(LGIP)enacted by RCW 43.250.010.
(6) "PIF"means the Public Infrastructure Fund.
Discussion Draft#3—10/04/18 3 of 10
(7) "PIF Administrator"means the county administrator,or his/her designee,who shall carry
out the duties assigned within this chapter as the administrator,and any other duties
relating to the PIF assigned by the board of commissioners.
(8) "PIF Board"means the public infrastructure fund board.
(9) "Project"means the planned design,permitting and/or construction of a public facility
that meets the eligibility criteria of RCW 82.14.370.
(10) "Public facility"means bridges,roads,domestic and industrial water facilities,sanitary
sewer facilities,earth stabilization,storm sewer facilities,railroads,electrical facilities,
natural gas facilities,research,testing,training,and incubation facilities in innovation
partnership zones designated under RCW 43.330.270,buildings,structures,
telecommunications infrastructure,transportation infrastructure,or commercial
infrastructure,and port facilities,if listed as an item in the officially adopted county
overall economic development plan,or the economic development section of the county's
comprehensive plan,or the comprehensive plan of the incorporated area(s)located
within Jefferson County.[Ord.9-06§12]
3.28.60 Use of funds.
(1) Monies deposited in the Public Infrastructure Fund may only be used in accordance with
JCC 3.28.030.
(2) In implementing this chapter,the county shall consult with all cities,towns,and port
districts within the county,and the associate development organization serving the
county. This may be accomplished by consulting with the PIF Board.
3.28.70 Administration of fund.
The Public Infrastructure Fund shall be administered by the board of county commissioners
through the PIF Administrator or designee in conformance with state law and the Jefferson
County Code.However,The Jefferson County treasurer shall assume the responsibility for
administering loans.[Ord.1-98§7]
3.28.80 Public Infrastructure Fund Board
(1) Prior to awarding PIF funds to any project,the county shall consult with the PIF Board for
its recommendations to ensure that the expenditure meets the goals and the
requirements of RCW 82.14.370 and this Chapter. The PIF Board's recommendations shall
be forwarded to the board of county commissioners,who shall have final authority to
approve or deny any and all project applications and the terms of any PIF grant or loan.
Discussion Draft#3—10/04/18 4 of 10
(2) The PIF Board may make recommendations for improving the administration of the PIF to
the board of county commissioners.[Ord.9-06§4]
3.28.90 Composition of the public infrastructure fund board.
(1) The PIF Board shall consist of up to eight members:
(a) The Jefferson County Public Utility District No.1,the City of Port Townsend,the
Port of Port Townsend,and Jefferson County shall each have the right to have one
elected official or their designee to serve on the PIF Board.
(b) The associate development organization(ADO)serving the county shall have the
right to recommend a member of the ADO board or ADO staff to serve on the PIF
Board.
(c) Each entity may each also recommend appointment of one alternate to participate
in the absence of their designated member.
(d) The remaining three seats shall be considered at-large positions and will be filled
as follows:one representative from each commissioner district will be appointed
by the board of county commissioners.
(e) The board of county commissioners shall have final authority to approve and
appoint all members and alternates of the PIF Board. The Jefferson County
representative shall chair the PIF Board.
(2) Additional Criteria for PIF Board Membership.Members of the PIF Board should possess
the technical knowledge necessary to evaluate project proposals based on their technical
and economic development merits.Any person acting pursuant to the PIF Board shall
comply with all state and local ethical requirements and conflict of interest laws.[Ord.9-
06§4]
3.28.100 Public infrastructure fund board meetings.
(1) Meetings of the PIF Board shall be conducted in accordance with state law including the
Open Public Meetings Act.
(2) The PIF Board shall meet at least annually to review the status of prior awards and to
consider whether to invite additional project funding applications,and shall meet on
other occasions as necessary as determined by the chair of the PIF Board. Commented[PM3]:Discussed at 10/3 PIFB meeting.
(3) All actions by the PIF Board shall be expressed by adoption of a motion and/or resolution.
All resolutions,once adopted in final written form,shall be signed as approved by the
chair on behalf of the PIF Board.Meeting minutes of all actions taken shall be kept,
subject to approval by the PIF Board at a subsequent meeting.
(4) The PIF Board may transact business via teleconference.Teleconference meetings shall be
announced in accordance with state law.A speakerphone shall be utilized during the
Discussion Draft#M3—10/04/18 5 of 10
public meeting to allow members of the public to hear PIF Board proceedings and,at the
discretion of the chair,participate in discussions by PIF Board members.
(5) No representations utilizing the name of the public infrastructure fund board to endorse
or oppose any issue shall originate from any member of the PIF Board,unless a motion or
resolution passed by a majority of the members of the PIF Board approves such position.
(6) Quorum.A quorum shall be considered present for a PIF Board meeting when at least five
members are present.
(7) Voting.Voting shall be by voice vote.In lieu of voice vote,any member may request a roll
call vote.A majority of affirmative votes by PIF Board members present at the meeting
that has a quorum is necessary for the exercise of any power or function of the PIF Board.
[Ord.9-06§41
3.28.110 Project Evaluation Criteria For Use by PIF Board.
The priority of the PIF is to create an environment that encourages the creation and retention
of jobs and businesses by stimulating private investment that will,in turn,improve the
economy of the residents of the incorporated and unincorporated areas of Jefferson County.
Grants and loans for projects shall only be given for public facilities that serve an economic
development purpose in the county.The PIF Board shall consider the following criteria to
evaluate projects:
(1) Public facility projects that have a higher probability of successfully creating or retaining
significant numbers of jobs including unskilled,semi-skilled,and skilled jobs;or that have
a large job creation-to-PIF funding ratio.
(2) Projects that leverage significant outside funding and/or partnerships.
(3) Projects that would develop,re-develop,in-fill or expand existing or planned
infrastructure systems necessary to create or retain jobs.
(4) Projects with a higher match percentage.The match may include project-related
expenditures for a period up to one year prior to the request for funding.
(5) Projects that will retain or create jobs or benefit the economy in priority economic sectors
or economic centers in the incorporated or unincorporated areas of Jefferson County.
(6) Projects that also successfully mitigate for significant adverse environmental impacts,if
applicable.[Ord.9-06§1]
(7) Consideration may be given for critical timing;emergent opportunities;
Discussion Draft#3—10/04/18 6 of 10
(8) Consistency with and implementation of an adopted countywide economic development
plan or strategy,the economic element of an adopted Comprehensive Plan,or an adopted
Comprehensive Economic Development Strategy(CEDS);
(9) Other criteria as the PIF Board may determine,consistent with RCW 82.14.370,and the
adopted Comprehensive Economic Development Strategy(CEDS)or the adopted
Comprehensive Plan of the jurisdiction where a project is located;
3.28.120 Eligible Projects.
To be eligible for PIF financing,projects must:
(1) Meet the requirements of RCW 82.14.370;
(2) Comply with federal,state and local laws;
(3) Be consistent with the economic development section of the comprehensive plan,or the
comprehensive plan of the incorporated area(s)of Jefferson County;[Ord.9-06§1]
(4) Be a project of a local public agency within Jefferson County,and that agency shall also be
the recipient of PIF financing.All project applications shall include a resolution of support
adopted by the governing body of the public agency applying for the PIF funds.[Ord.9-06
§2]
3.28.130 Grant And Loan Parameters.
Project grants and loans shall meet the following parameters:
(1) PIF funds provided for public facility project applications shall not exceed eighty percent
(80%)of the project cost.The cost may include in-kind expenses.[Ord.9-06§2] [ Commented[PM4]:Discussed at 10/3 PIFB meeting.
(2) If a loan,the loan term of the loan shall not exceed the useful life of the asset.
(3) Subject to final approval by the board of county commissioners,the terms for all grant
and/or loan agreements are subject to negotiation with the applicant,in a form approved
by the County Prosecuting Attorney,and in the case of loans,the County Treasurer as
well.
(4) The rate of interest for a loan will be based on the local government pool rate as of the
last business day of the preceding month,or other rate mutually agreed to,and subject to
a reasonable loan origination fee. PIF income will be reinvested in the PIF.
Discussion Draft#3—10/04/18 7 of 10
(5) All customary and usual loan fees may be charged to applicants including,but not limited
to,title insurance,escrow,attorney fees,recording fees,and loan origination fee.
(6) Loans will be general obligations of the eligible PIF fund recipient,committing its full faith
and credit.Care will be taken that proper borrowing or grant-funding resolutions are
obtained.Loans shall not be made which will cause the jurisdiction to exceed its legal
borrowing limits.[Ord.9-06§4]
(7) Grant funds may be disbursed upon completion of the project,or as draws upon
completion of pre-determined phases of the project,and disbursements should be
consistent with progress of the project including the commitment of other necessary
funding sources.
(8) The PIF funds may be used by eligible public entities as a local match against other grants
and loans,such as the Public Works Assistance Account,;provided the project fulfills the Commented[PMS]:Discussed at 10/3 PIFB meeting.
requirements of RCW 82.14.370.[Ord.9-06§3]
3.28.140 Modifying loan and grant terms.
(1) There may be circumstances that warrant modification of the original terms of the loan or
grant.The borrower or grantee may apply for modification with supporting information
justifying the request for modification and supporting documentation.Final approval rests
with the board of county commissioners.
(2) The PIF administrator or County Treasurer may recommend corrective action to the terms
of a loan or grant to the board of county commissioners without a request from the
borrower or grantee,but shall give the borrower or grantee 14 days'notice of any such
corrective action.(Ord.9-06§3]
3.28.150 Application review process—Staff functions.
(1) The PIF administrator,or his/her designee,shall help prepare application forms and
review submitted proposals for program objectives,eligibility requirements,selection
criteria,and loan terms with any potential applicant.Project applicants submitting
incomplete documentation will be noticed within 10 business days of receipt.The PIF
administrator may request any additional information not submitted with the application
that the PIF loan/grant administrator deems necessary for the PIF Board to review the
application.
(2) A recommendation by the PIF Board to approve or deny a loan or grant application is not
appealable;however,an applicant may submit a proposal more than once.
Discussion Draft q3—10/04/18 8 of 10
(3) Treasurer's Office Services.The Jefferson County Treasurer's office shall be responsible for
monitoring all loan repayment schedules and performance and for reporting delinquent
loans.Any loan that is in excess of 30 days past due must be brought to the attention of
the PIF loan/grant administrator.In the case that the Treasurer's office learns of adverse
circumstances that may affect the loan,the Treasurer's office shall notify the PIF
loan/grant administrator.
(4) In the event of serious failure to comply with the terms and conditions of the program or
financial default,the PIF loan/grant administrator shall call an emergency meeting of the
PIF Board to consider remedial steps.Decisions of the PIF Board regarding noncomplying
loans and grants shall be in writing and appealable to the board of Jefferson County
commissioners.
[Ord.9-06§8]
3.28.160 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid,
the remainder of this chapter or the application of the provisions to other persons or
circumstances are not affected.[Ord.9-06§14]
3.28.170 Venue.
For any lawsuit arising from this chapter,any loan granted by the BOCC from PIF funds,or any
decision of the PIF Board,venue shall lie only in the superior court in and for Jefferson County.
[Ord.9-06§15]
Discussion Draft#3—10/04/18 9 of 10
Chapter 3.36
TRI-AREA SEWER FUND
Sections:
3.36.010 Public infrastructure fund(PIF).
3.36.020 Tri-area UGA—Establishment of a priority project.
3.36.030 PIF set aside for tri-area sewer.
3.36.010 Public infrastructure fund(PIF).
The public infrastructure fund(PIF),codified in Chapter 3.28 JCC,is designed to increase the
economy of Jefferson County by financing public facilities that will result in new jobs through
business expansion and recruitment.[Ord.19-04§1]
3.36.020 Tri-area UGA—Establishment of a priority project.
The creation of a new"tri-area UGA"in 2004 establishes the need for public facilities and
infrastructure in the tri-area in order to be available for business expansion and recruitment.
[Ord.19-04§2]
3.36.030 PIF set aside for tri-area sewer.
Of the funds provided to Jefferson County under RCW 82.14.370,fifty percent(50%)shall be
dedicated Io the tri-area sewer fund for the planning,design and construction of the tri-area Commented[PM6]:Discussed at 10/3 PIFB meeting.
sewer system.[Ord.19-04§3]
Discussion Draft#3—10/04/18 10 of 10
ATTACHMENT 2:with highlights to show provisions missing from current County Code
RCW 82.14.370 Sales and use tax for public facilities in rural counties.
(1)The legislative authority of a rural county may impose a sales and use tax in accordance
with the terms of this chapter.The tax is in addition to other taxes authorized by law and must
be collected from those persons who are taxable by the state under chapters 82.08 and 82.12
RCW upon the occurrence of any taxable event within the county. The rate of tax may not
exceed 0.09 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, except that for rural counties with population densities between sixty and
one hundred persons per square mile, the rate shall not exceed 0.04 percent before January 1,
2000.
(2)The tax imposed under subsection (1) of this section must be deducted from the amount
of tax otherwise required to be collected or paid over to the department of revenue under
chapter 82.08 or 82.12 RCW. The department of revenue must perform the collection of such
taxes on behalf of the county at no cost to the county.
(3)(a) Moneys collected under this section may only be used to finance public facilities
serving economic development purposes in rural counties and finance personnel in economic
development offices.The public facility must be listed as an item in the officially adopted
county overall economic development plan, or the economic development section of the
county's comprehensive plan, or the comprehensive plan of a city or town located within the
county for those counties planning under RCW 36.70A.040. For those counties that do not have
an adopted overall economic development plan and do not plan under the growth
management act, the public facility must be listed in the county's capital facilities plan or the
capital facilities plan of a city or town located within the county.
(b) In implementing this section, the county must consult with cities, towns, and port
districts located within the county and the associate development organization serving the
county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the
requirements of(a) of this subsection. Each county collecting money under this section must
report, as follows, to the office of the state auditor, within one hundred fifty days after the
close of each fiscal year: (i) A list of new projects begun during the fiscal year, showing that the
county has used the funds for those projects consistent with the goals of chapter 130, Laws of
2004 and the requirements of(a) of this subsection; and (ii) expenditures during the fiscal year
on projects begun in a previous year. Any projects financed prior to June 10, 2004, from the
proceeds of obligations to which the tax imposed under subsection (1) of this section has been
pledged may not be deemed to be new projects under this subsection. No new projects funded
with money collected under this section may be for justice system facilities.
(c)The definitions in this section apply throughout this section.
(i) "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary
sewer facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural
gas facilities, research,testing,training, and incubation facilities in innovation partnership zones
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designated under RCW 43,330.270, buildings, structures, telecommunications infrastructure,
transportation infrastructure, or commercial infrastructure, and port facilities in the state of
Washington.
(ii) "Economic development purposes" means those purposes which facilitate the creation
or retention of businesses and jobs in a county.
(iii) "Economic development office" means an office of a county, port districts, or an
associate development organization as defined in RCW 43.330.010, which promotes economic
development purposes within the county.
(4) No tax may be collected under this section before July 1, 1998.
(a) Except as provided in (b) of this subsection, no tax may be collected under this section
by a county more than twenty-five years after the date that a tax is first imposed under this
section.
(b) For counties imposing the tax at the rate of 0.09 percent before August 1, 2009, the tax
expires on the date that is twenty-five years after the date that the 0.09 percent tax rate was
first imposed by that county.
(5) For purposes of this section, "rural county" means a county with a population density of
less than one hundred persons per square mile or a county smaller than two hundred twenty-
five square miles as determined by the office of financial management and published each year
by the department for the period July 1st to June 30th.
[ 2012 c 225 § 4; 2009 c 511 § 1. Prior: 2007 c 478 § 1; 2007 c 250 § 1; 2004 c 130 § 2; 2002 c
184§ 1; 1999 c 311 § 101; 1998 c 55 § 6; 1997 c 366§ 3.]
2 of 2
ATTACHMENT 3: CURRENT COUNTY CODE
Chapter 3.28
DISTRESSED COUNTY SALES AND USE TAX
Sections:
3.28.010 Imposed.
3.28.020 Rate.
3.28.030 Credit provision.
3.28.040 Administration and collection.
3.28.050 Establishment of distressed county public facilities fund.
3.28.060 Use of funds.
3.28.070 Administration of fund.
3.28.080 Effective date— Expiration date.
3.28.010 Imposed.
There is hereby imposed by this chapter a distressed county sales and use tax, as the case may
be, upon every taxable event, as defined in Chapter 82.14 RCW, occurring within Jefferson
County. The tax shall be imposed upon and collected from those persons from whom the state
sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW.This tax shall be in
addition to other sales and use tax imposed by Jefferson County. [Ord. 1-98 § 1]
3.28.020 Rate.
The rate of tax imposed by this chapter shall be 0.09 percent of the selling price in the case of a
sales tax or the value of the article used in the case of a use tax. [Ord. 5-07 § 1; Ord. 4-99 § 1;
Ord. 1-98 § 2]
3.28.030 Credit provision.
The tax imposed by this chapter shall be credited against the amount of sales or use tax due to
the state upon the same taxable event under Chapter 82.08 or 82.12 RCW. [Ord. 1-98 § 3]
3.28.040 Administration and collection.
The tax imposed by this chapter shall be administered and collected in accordance with RCW
82.14.050. The chairman of the board of county commissioners is hereby authorized to and
directed to execute contracts with the Washington State Department of Revenue that may be
necessary to provide for the administration or collection of the tax. [Ord. 1-98 § 4]
3.28.050 Establishment of distressed county public facilities fund.
There is hereby created the distressed county public facilities fund. Monies collected pursuant
to this chapter shall be deposited in this fund by the Jefferson County treasurer. The fund
balance may be invested by the treasurer and any interest earned shall be deposited in the
fund as well. [Ord. 1-98 § 5]
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3.28.060 Use of funds.
(1) Monies deposited in such fund shall only be used for purposes as authorized by the laws of
the state of Washington, including but not limited to, the financing of public facilities or to pay
or secure the payment of all or any portion of general obligation bonds or revenue bonds issued
for such purposes.The public facility must be listed as an item in the officially adopted county
overall economic development plan, or the economic development element of the county
comprehensive plan, or the comprehensive plan of any city located in Jefferson County. All
cities, towns, and port districts shall be consulted.
(2) "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary
sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas,
buildings, structures, telecommunications infrastructure, transportation infrastructure, or
commercial infrastructure, and port facilities in the state of Washington.
(3) No new projects funded with money collected under this section may be for justice system
facilities. [Ord. 5-07 § 2; Ord. 4-99 § 2; Ord. 1-98 § 6]
3.28.070 Administration of fund.
The distressed county public facilities fund shall be administered by the board of county
commissioners through the director of public services. The director of public services is hereby
directed to prepare a six-year spending plan and an annual budget.The six-year plan shall
provide for all public agencies in Jefferson County to submit requests for funding of public
facilities. [Ord. 1-98 § 7]
3.28.080 Effective date— Expiration date.
The ordinance codified in this chapter shall take effect August 1, 2007, and shall expire as
provided by law July 31, 2032, which is 25 years after the date the 0.09 percent tax rate was
first imposed by the county. [Ord. 4-16 § 1; Ord. 5-07 § 3; Ord. 4-99 § 3; Ord. 1-98 § 8]
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Chapter 3.29
PUBLIC INFRASTRUCTURE FUND
Sections:
3.29.010 Definitions.
3.29.020 Goals and objectives.
3.29.030 Policy.
3.29.040 Program activities.
3.29.050 Public/private projects.
3.29.060 Priorities.
3.29.070 Consistency with area economic and comprehensive plans.
3.29.080 Standards for the PIF portfolio.
3.29.090 Job/cost ratio.
3.29.100 Funding ratio.
3.29.110 Activities financed.
3.29.120 Eligible PIF fund recipients.
3.29.130 Allocation of financial resources.
3.29.140 Eligible loan types.
3.29.150 Eligible grant types.
3.29.160 Grant and loan general financing policies.
3.29.170 Standard terms applicable to all loans.
3.29.180 Standard terms applicable to all grants.
3.29.190 Modifying loan and grant terms.
3.29.200 Standard interest rates.
3.29.210 Special financing techniques.
3.29.220 Bonding.
3.29.230 Collateral and equity requirements.
3.29.240 Fees to borrowers.
3.29.250 Composition of the public infrastructure fund board.
3.29.260 Responsibilities of public infrastructure fund board.
3.29.270 Public infrastructure fund board meetings.
3.29.280 Loan/grant administrator capacity.
3.29.290 PIF application administrator capacity.
3.29.300 Application administration responsibilities.
3.29.310 Jefferson County loan/grant administrator.
3.29.320 Loan selection, approval process and servicing.
3.29.330 Application review process—Staff functions.
3.29.340 Public infrastructure fund administrative costs.
3.29.350 Availability of loans and grants.
3.29.360 Other considerations.
3.29.370 Severability.
3.29.380 Venue.
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3.29.010 Definitions.
(1) "EDC" means the Jefferson County economic development council.
(2) "Emergent opportunity" means a project attracting a business that would significantly
improve the economy.The business that the project is intended to attract must be prepared to
locate in Jefferson County.
(3) "In-kind expenses" means donated or loaned real or personal property, volunteer services,
and employee services.
(4) "Local government pool rate" means the rate of interest charged for loans as determined by
the Local Government Investment Pool (LGIP) enacted by RCW 43.250.010.
(5) "PIF" means the public infrastructure fund.
(6) PIF Application Administrator. The county administrator, or his/her designee, shall carry out
the duties assigned within this chapter as the application administrator.
(7) "PIFB" means the public infrastructure fund board.
(8) "PIF loan/grant administrator" means the person(s) charged by the board of county
commissioners to carry out the duties of the PIF assigned within this chapter to the PIF
loan/grant administrator, and any other duties relating to the PIF assigned by the board of
commissioners.
(9) "PIF portfolio" means a list of projects that have received PIF funding.The PIF portfolio
should include a job-to-cost ratio, annual income, and the current fund balance.
(10) "Project" means the planned construction of a public facility that has applied for PIF
funding.
(11) "Public facility" shall include bridges, roads, domestic and industrial water facilities,
sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural
gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or
commercial infrastructure, and port facilities, if listed as an item in the officially adopted county
overall economic development plan, or the economic development section of the county's
comprehensive plan, or the comprehensive plan of the incorporated area(s) located within
Jefferson County. [Ord. 9-06 § 12]
3.29.020 Goals and objectives.
(1) In 1997 and 1999, the State Legislature authorized rural counties to retain a portion of sales
and use tax (.04 percent in 1997; increased to a total of.08 percent in 1999) to finance public
facilities. The goal of the legislation is to provide additional funds to increase the economy of
the rural counties by financing public facilities that will result in new jobs through business
expansion and recruitment.
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(2) Funds from the public infrastructure fund, hereinafter referenced as PIF, shall be used to
improve the economy in the incorporated and unincorporated areas of Jefferson County,
through the use of grants and low interest loans for public facilities. [Ord. 9-06 § 1]
3.29.030 Policy.
The administering of the monies provided to Jefferson County under RCW 82.14.370 shall be
referred to as the public infrastructure fund, or the PIF. PIF money shall be invested for
economic development to support the development of job-related public facilities in a manner
that is consistent with the goals, objectives, and policies outlined herein. [Ord. 9-06 § 1]
3.29.040 Program activities.
The essential activities of the PIF include the creation of new jobs and income by improving the
economy by the following:
(1) Promoting the ongoing operation of businesses;
(2) Promoting the expansion of existing businesses;
(3) Attracting new business investment;
(4)Assisting in the development of new businesses from within the incorporated and
unincorporated areas of Jefferson County; and
(5) Providing family-wage jobs to the citizens of the county. [Ord. 9-06 § 1]
3.29.050 Public/private projects.
Monies collected under this section shall only be used for financing public facilities in rural
counties. In implementing this section, the county shall consult with cities,towns,the PUD and
port districts located within the county. For the purposes of this section, "public facilities"
means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth
stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures,
telecommunications infrastructure, transportation infrastructure, or commercial infrastructure,
and port facilities in the state of Washington. [Ord. 9-06 § 1]
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3.29.060 Priorities.
The priority of the PIF is to create an environment that encourages the creation of new jobs by
stimulating private investment that will, in turn, improve the economy of the residents of the
incorporated and unincorporated areas of Jefferson County. Grants and loans shall only be
given to support the creation of public facilities that improve the economy.The following
criteria shall be used to evaluate projects:
(1) Improvements that have a large job creation-to-funding ratio.
(2) Retention or expansion proposals that exhibit a higher probability for supporting immediate
basic industry job opportunities will be given a priority over recruitment proposals that do not
provide a similar probability.
(3) Projects that leverage public and public/private financial partnerships.
(4) Accelerated repayment schedules.
(5) Redevelopment, in-fill and expansion of existing infrastructure systems.
(6) Higher match percentage and the use of outside fund leveraging. Match may include
project-related expenditures for a period up to one year prior to the request for funding.
(7) Projects that will immediately benefit the incorporated or unincorporated areas of Jefferson
County.
(8) Projects that successfully mitigate for significant adverse environmental impacts, if
applicable. [Ord. 9-06§ 1]
3.29.070 Consistency with area economic and comprehensive plans.
In addition to compliance with general federal, state and local laws, all projects must be
consistent with the economic development section of the county's comprehensive plan, or the
comprehensive plan of the incorporated area(s) of Jefferson County. [Ord. 9-06 § 1]
3.29.080 Standards for the PIF portfolio.
This section and JCC 3.29.090 through 3.29.150 outline the general standards to be achieved by
the PIF portfolio as a whole. Individual loans and grants may vary but PIF loans and grants shall
generally conform to the standards specified in this section and JCC 3.29.090 through 3.29.150.
Variations shall be premised upon one or more of the following: critical timing; emergent
opportunities; enhanced immediate or long-term economic benefits. [Ord. 9-06 § 2]
3.29.090 Job/cost ratio.
Applications demonstrating a lower investment per job shall be given preference. The job types
can be categorized as unskilled, semi-skilled, and skilled. [Ord. 9-06 § 2]
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3.29.100 Funding ratio.
Funds provided shall not exceed 50 percent of the project cost.The cost may include in-kind
expenses. [Ord. 9-06 § 2]
3.29.110 Activities financed.
(1) PIF funds shall only be spent to support the development of public facilities within Jefferson
County and the administration of the PIF.
(2) PIF funds shall not be spent on the construction of public facilities that do not improve the
economy. [Ord. 9-06 § 2]
3.29.120 Eligible PIF fund recipients.
Eligible PIF fund recipients shall include local public agencies within Jefferson County. All
applications shall include a resolution of support adopted by the governing body of the public
agency applying for the funds. [Ord. 9-06 § 2]
3.29.130 Allocation of financial resources.
To conserve fund equity, principal deferrals or similar flexible repayment techniques should be
used to offset financial hardship in lieu of grants, where possible and feasible. [Ord. 9-06 § 2]
3.29.140 Eligible loan types.
All PIF funds shall be used only for projects that are consistent with all other goals, policies, and
requirements as defined herein. Loan projects must meet the following criteria:
(1) Monies collected under this section shall only be used for financing public facilities in rural
counties. In implementing this section, the county shall consult with cities, towns, and port
districts located within the county. For the purposes of this section, "public facilities" means
bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth
stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures,
telecommunications infrastructure, transportation infrastructure, or commercial infrastructure,
and port facilities in the state of Washington; all for the purpose of job creation,job retention,
or job expansion, hereinbefore and hereinafter referred to as a public facility.
(2) The loan term of the loan shall not exceed the useful life of the asset.
(3) The loan must improve the economy for the incorporated or unincorporated areas of
Jefferson County.
(4) Loan projects shall result in the direct and immediate development of a public facility.
(5) Loans shall be used as a pledge of funding to leverage other sources of funding for financing
public facilities that are found to be consistent with all other goals, policies and requirements as
set forth herein. [Ord. 9-06 § 2]
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3.29.150 Eligible grant types.
Grants shall be used as a pledge of funding to leverage other sources of funding for financing
public facilities and which are found to be consistent with all other goals, policies and
requirements as set forth herein. [Ord. 9-06 § 2]
3.29.160 Grant and loan general financing policies.
The loan-to-grant funding ratio shall follow the following guidelines, unless specifically
authorized to deviate by the board of county commissioners:
(1)The fund shall have 50 percent committed to the grant program and 50 percent committed
to the loan program.
(2) Determination for loan disbursements will be based upon a review by the PIFB of the merits
and strengths of the proposed project.
(3) If practical, the board of county commissioners may fund all elements from bond proceeds if
that is deemed to be advantageous to the PIF. [Ord. 9-06 § 3]
3.29.170 Standard terms applicable to all loans.
Subject to final approval by the board of county commissioners, the terms for repayment of the
PIF loan are subject to negotiation with the borrower, in accordance with the following
guidelines:
(1)The date of interest payment, unless negotiated otherwise, shall be due every June 1st until
the loan is satisfied. The date of interest payment and principal shall be due every December
1st until the loan is fully satisfied. A negotiated moratorium on the principal may be considered,
but for no more than six months from the date of disbursement. The public infrastructure fund
board (PIFB) shall review proposed exceptions.
(2) The amortization for each loan shall not exceed 10 years. Interest rates, origination and
other fees shall be determined at the time of application.
(3) The rate of interest will be based on the local government pool rate as of the last business
day of the preceding month, and subject to a loan origination fee.
(4)The PIF may specify or limit the uses of PIF funds if deemed necessary and prudent.
(5) The PIF and treasurer may include special clauses in a loan agreement that stipulates
payments, decreased payments, or increased repayment amounts under certain circumstances.
Such circumstances may include, but are not limited to, one or more of the following:
(a)Any delay in repayment;
(b) Project cost overrun; or
(c) Project cost overestimate.
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In each case where such a clause is utilized, the language shall clearly establish the thresholds
that would cause a change in the payment schedule. These thresholds may include, but are not
limited to, the completion of a project ahead of the deadline(s).
(6) Specific performance required of the borrower, including meeting payment schedules,
timely completion of project phases, and other conditions of the loan, shall be specified in each
contract between the county and the borrower. Failure to comply with the terms of the loan
will cause the borrower to be in default; the PIF administrator may accelerate debt repayment
or demand full payment. The terms will also include the rights of the borrower to cure the
default.
(7) Detailed penalty fees, and rates in case of default, and late payment penalties shall be
contained in the contract between the county and the borrower.
(8)There will be no prepayment penalty assessed for a principal reduction or early satisfaction
of the loan.
(9)A compliance system shall be in place that defines the deadlines for completing specific
project phases directly related to the loan. The monitoring system should include penalties for
not achieving predetermined deadlines.
(10) Loan disbursements should be consistent with progress of the project including the
commitment of other necessary funding sources.Verification via an on-site visit written
documentation may be required before funds are disbursed. Note:A system of draws will be
put in place depending on size of loan. [Ord. 9-06 § 3]
3.29.180 Standard terms applicable to all grants.
Subject to final approval by the board of county commissioners, the terms for PIF grants are
subject to negotiation, in accordance with the following guidelines:
(1) Funds may be disbursed upon completion of the project, or as draws upon completion of
pre-determined phases of the project.The method of disbursement will be determined upon
approval of the grant request.
(2)The PIFB may specify or limit the uses of PIF funds if deemed necessary and prudent.
(3)The PIFB and the treasurer may include special clauses in a grant agreement which require a
repayment of some or all of the grant funds under certain circumstances. Such circumstances
may include but are not limited to one or more of the following:
(a) Project cost overrun;
(b) Project cost overestimate;
(c) Unreasonable noncompliance with project timelines;
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(d) Impossibility of performance by borrower;
(e) Acts of God making performance impossible; or
(f) Lack of PIF funds due to decreased sales tax revenues.
(4) A compliance system shall be in place that states timelines for completing specific activities
directly related to the grant. The activities should be detailed as to the characteristics. The
compliance system should include penalties for not achieving predetermined deadlines.
(5) Grant disbursements should be consistent with progress of the project including the
commitment of other necessary funding sources.
(6) Public Works Trust Fund Construction Loan Program/Matching Program. This mechanism
provides for a local match against the public works trust fund construction loan program, which
is one of four loan programs under the umbrella of the public works trust fund. This is a low-
interest revolving loan fund designed to help local governments finance critical public works
projects. Eligible applicants for this program are counties, cities and towns and special purpose
districts. Eligible projects include repair, replacement, rehabilitation, reconstruction, or
improvement of eligible public works systems to meet current standards for existing users, and
may include reasonable growth as part of the project. Six types of systems are eligible for
funding: domestic water, storm sewer, solid waste/recycling, sanitary sewer, road, and bridge.
The interest rate is linked to the percentage of the local match:
15% Local Match = 0.5% Interest Rate
10% Local Match = 1% Interest Rate
5% Local Match = 2% Interest Rate
The loan term is for the life of the project, or 20 years; however, projects must be completed
within 48 months after contract execution.The PIF may be used as a matching grant and/or
loan for eligible public entities, provided the project fulfills the requirements of RCW 82.14.370,
and the result of the project is the creation of new jobs through business expansion and
recruitment. [Ord. 9-06 § 3]
3.29.190 Modifying loan and grant terms.
(1) PIF Loan and Grant.The PIF loan/grant administrator shall properly document terms. There
may be circumstances that warrant modification of the original terms of the loan or grant.The
borrower or grantee may apply for modification using forms provided by the PIF loan/grant
administrator and shall clearly state the facts supporting the request for modification. The
borrower or grantee shall also provide supporting documentation. The PIF loan/grant
administrator shall review and process the request in the same manner as the original
application. As with the original loan or grant, final approval rests with the board of county
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commissioners. Any modification to PIF loan terms must be in writing and agreed to by the PIF
loan administrator and the borrower.
(2) The PIF loan/grant administrator may recommend corrective action to the terms of a loan or
grant to the board of county commissioners without a request from the borrower or grantee,
but shall give the borrower or grantee 14 days' notice of any such corrective action. [Ord. 9-06
§ 3]
3.29.200 Standard interest rates.
Interest shall be agreed upon at the time of application. PIF income will be reinvested into the
PIF. The rate of interest will be based on the local government pool rate as of the last business
day of the preceding month. [Ord. 9-06 § 3]
3.29.210 Special financing techniques.
PIF loans and grants shall be part of a larger package involving other funding sources. PIF loans
and grants should be used to leverage other funding sources toward the total project financing.
[Ord. 9-06 § 3]
3.29.220 Bonding.
Bonding shall be permitted. [Ord. 9-06 § 3]
3.29.230 Collateral and equity requirements.
(1) Collateral may not be required for PIF fund recipients if mutually agreed to by the
administrator and borrower. Generally, PIF loans shall be made on a direct basis by the loan
fund to the borrower.The county shall receive all payments of principal, interest, and penalties.
(2) Loans to eligible borrowers will not be secured. However, loans will be general obligations of
the eligible PIF fund recipient, committing its full faith and credit. Care will be taken that proper
borrowing or grant-funding resolutions are obtained. Loans shall not be made which will cause
the jurisdiction to exceed its legal borrowing limits. [Ord. 9-06 §4]
3.29.240 Fees to borrowers.
(1) All customary and usual loan fees may be charged to applicants including, but not limited to,
title insurance, escrow, attorney fees, recording fees, and loan origination fee.
(2)The Jefferson County treasurer shall assume the responsibility for loan and grant
administration of the funds.The county administrator shall assume the responsibility of
application administration for the fund. Final policy-making authority for the public
infrastructure fund shall rest with the Jefferson County board of commissioners. However, in
order to achieve the goals and policies of the PIF, the county shall establish a public
infrastructure fund board. [Ord. 9-06 §4]
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3.29.250 Composition of the public infrastructure fund board.
(1)The PIFB shall consist of no more than seven members.The Public Utility District No. 1, the
city of Port Townsend,the port of Port Townsend and Jefferson County shall each have the
right to appoint one elected official or their designee to serve on the PIFB. The remaining three
seats shall be considered at-large positions and will be filled as follows: one representative from
each commissioner district will be appointed by the BOCC. At-large members to the PIFB will
possess some experience or expertise in private sector business development and/or financing.
The board of county commissioners shall signify final approval and appointment of the
members of the PIFB by the adoption of a resolution.
(2) Criteria for PIFB Members. Members of the PIFB should possess the technical knowledge
necessary to evaluate project proposals based on their technical and economic development
merits. Any person acting pursuant to the PIFB shall comply with all state and local ethical
requirements and conflict of interest laws. [Ord. 9-06 §4]
3.29.260 Responsibilities of public infrastructure fund board.
(1) The PIFB shall be responsible for making recommendations to the board of county
commissioners, who shall have final authority to approve or deny any and all applications.
(2) The PIFB may make recommendations for improving the administration of the PIF to the
board of county commissioners. [Ord. 9-06 §4]
3.29.270 Public infrastructure fund board meetings.
(1) Meetings of the PIFB shall be conducted in accordance with state law and the procedures
commonly known as "Robert's Rules of Order."The PIFB shall meet in a timely manner, no
more than 30 days after a complete application has been received.
(2)All actions by the board shall be expressed by motion and/or resolution. All motions and
resolutions, once in final written form, shall be signed as approved by the chairperson on behalf
of the PIFB.
(3) The PIFB may transact business via teleconference. Teleconference meetings shall be
announced in accordance with state law. A speakerphone shall be utilized during the public
meeting to allow members of the public to hear PIFB proceedings and, at the discretion of the
chair, participate in discussions by PIFB members.
(4) No representations shall originate from any member of the PIFB utilizing the name of the
public infrastructure fund board to endorse or oppose any issue, unless a majority of the
members of the PIFB approves such position.
(5) Quorum. A quorum shall be considered present for a PIFB meeting when at least five
members are present.
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(6)Voting.The voting on elections, motions, and resolutions shall be by voice vote. In lieu of
voice vote, members may request a roll call vote. Any member of the PIFB may request a roll
call vote. A majority of affirmative votes by PIFB members present at the meeting are necessary
for the exercise of any power or function of the PIFB. [Ord. 9-06 §4]
3.29.280 Loan/grant administrator capacity.
The Jefferson County board of commissioners shall designate a PIF loan/grant administrator for
the public infrastructure fund. The administrative costs associated with the PIF shall be covered
by the funds submitted to the county treasurer's office as a result of RCW 82.14.370. [Ord. 9-06
§ 5]
3.29.290 PIF application administrator capacity.
The county administrator, or his/her designee, shall be the application administrator of the PIF
program. [Ord. 9-06 § 6]
3.29.300 Application administration responsibilities.
Applications shall be in accordance with local economic development priorities established by
the jurisdictions. Guidelines and application materials shall be available to eligible borrowers.
The PIF application administrator shall review all preliminary applications for the PIF submitted
by eligible borrowers.This review shall determine the suitability of the proposal for funding
under these program guidelines and judge the overall integrity of the proposal. [Ord. 9-06 § 6]
3.29.310 Jefferson County loan/grant administrator.
(1)This function will oversee loan/grant recipient compliance with all conditions required by
the PIF. The compliance function will end only upon satisfaction of the loan or completion of
the project funded by a grant. All appropriate federal, state and local requirements shall be
disclosed to each prospective PIF funding recipient at the time of application. A system will be
established to ensure compliance with financial and programmatic responsibilities prior to the
issuance of any loan or grant.The loan/grant administrator shall work in conjunction with the
Jefferson County department of public works to ensure that projects are progressing to full
completion.To do this the loan/grant administrator shall have the ability to perform site
inspections.
(2) The PIF loan/grant administrator and the county treasurer's office are responsible for the
prudent management of the funds.This role includes substantial responsibilities to ensure that
federal, state, and local requirements are met. The responsibilities include an annual review to
determine if the PIFB's actions are in compliance with the policies and procedures contained in
the PIF plan. [Ord. 9-06 § 6]
3.29.320 Loan selection,approval process and servicing.
The Jefferson County PIF loan/grant administrator shall develop all forms necessary for
implementation of the PIF. The application shall describe the basic eligibility requirements and
the selection criteria essential to successful applications. [Ord. 9-06 § 7]
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3.29.330 Application review process—Staff functions.
(1)The county administrator, or his/her designee, shall help prepare and review the
applications for program objectives, eligibility requirements, selection criteria, and loan terms
with any potential applicant. A written summary of each proposal shall be prepared to
accompany each application. When a completed application is submitted, the PIF loan/grant
administrator shall take responsibility for reviewing the application. The PIF loan/grant
administrator is responsible for ensuring that each application package submitted to the PIFB
for review is complete. Project applicants submitting incomplete documentation will be noticed
within 10 business days of receipt.The application shall be checked against eligibility criteria,
program objectives, financial feasibility, selection criteria, environmental requirements, civil
rights requirements, and other program considerations.The PIF loan/grant administrator may
request any additional information not submitted with the application that the PIF loan/grant
administrator deems necessary for the PIFB to review the application.
(2) A decision by the PIFB to approve or deny a loan or grant application is not appealable;
however, an eligible borrower may submit a proposal more than once.
(3) Treasurer's Office Services.The Jefferson County treasurer's office shall be responsible for
monitoring all loan repayment schedules and performance and for reporting delinquent loans.
Any loan that is in excess of 30 days past due must be brought to the attention of the PIF
loan/grant administrator. In the case that the treasurer's office learns of adverse circumstances
that may affect the loan,the treasurer's office shall notify the PIF loan/grant administrator.
(4) Staff Administrator Monitoring Activities. A system for monitoring the progress of each
loan and grant shall be in place prior to issuance of the loan or grant, and is the responsibility of
the PIF loan/grant administrator. The monitoring system should utilize financial reports from
the treasurer's office and gather information on project completion and performance.
Technical oversight for a project should be in collaboration with the Jefferson County public
works department to ensure that projects are proceeding in the agreed upon manner. Failure
to comply with the terms and conditions of the loan or grant, whether financial or
programmatic, shall require the PIF loan/grant administrator to initiate corrective action with
the PIF fund recipient. Corrective action plans shall be part of the loan/grant agreement that
was prepared in writing and shall be signed by the PIF fund recipient. Penalties may be assessed
in accordance with the PIF fund recipient's loan or grant agreement. Corrective action plans
shall become a legally binding part of the loan or grant agreement between the recipient and
the county.
(5) In the event of serious failure to comply with the terms and conditions of the program or
financial default,the PIF loan/grant administrator shall call an emergency meeting of the PIFB
to consider remedial steps. Decisions of the PIFB regarding noncomplying loans and grants shall
be in writing and appealable to the board of Jefferson County commissioners.
(6)The PIF loan/grant administrator shall prepare an annual summary evaluation of the PIF
including financial performance, number of jobs directly created, comparison of projected and
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actual benefits, recommendations to improve operations, the number of activities financed and
their outcomes, the uses made of interest payments, the achievement of environmental goals,
benefits of the program, and an evaluation of the program's overall administration. [Ord. 9-06
§ 8]
3.29.340 Public infrastructure fund administrative costs.
Administrative costs for managing the PIF shall be funded by monies provided to the Jefferson
County treasurer's office per RCW 82.14.370. PIF funds shall not be spent on the administration
of other programs. Administrative costs shall not exceed five percent of annual fund proceeds.
[Ord. 9-06 § 9]
3.29.350 Availability of loans and grants.
Proceeds returned to the fund, pending the approval of new loans or grants, shall be held with
the Jefferson County treasurer's office. The treasurer's office shall manage the funds in a
manner consistent with law and shall return all interest income to the fund. [Ord. 9-06 § 10]
3.29.360 Other considerations.
The project must comply with all federal, state, county, and city regulations. [Ord. 9-06 § 11]
3.29.370 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid,
the remainder of this chapter or the application of the provisions to other persons or
circumstances are not affected. [Ord. 9-06 § 14]
3.29.380 Venue.
For any lawsuit arising from this chapter, any loan granted by the BOCC from PIF funds, or any
decision of the PIFB, venue shall lie only in the superior court in and for Jefferson County. [Ord.
9-06 § 15]
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Chapter 3.36
TRI-AREA SEWER FUND
Sections:
3.36.010 Public infrastructure fund (PIF).
3.36.020 Tri-area UGA— Establishment of a priority project.
3.36.030 PIF set aside for tri-area sewer.
3.36.010 Public infrastructure fund (PIF).
The public infrastructure fund (PIF), codified in Chapter 3.29 JCC, is designed to increase the
economy of Jefferson County by financing public facilities that will result in new jobs through
business expansion and recruitment. [Ord. 19-04 § 1]
3.36.020 Tri-area UGA—Establishment of a priority project.
The creation of a new "tri-area UGA" in 2004 establishes the need for public facilities and
infrastructure in the tri-area in order to be available for business expansion and recruitment.
[Ord. 19-04 § 2]
3.36.030 PIF set aside for tri-area sewer.
The funds provided to Jefferson County under RCW 82.14.370 shall be dedicated, in the amount
of at least 50 percent, to the tri-area sewer fund for the planning, design and construction of
the tri-area sewer system. [Ord. 19-04 § 3]
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ATTACHMENT 4: showing proposed changes to current county code
Chapter 3.28
DISTRESSED COQ INTY SALES AND USE TAX FOR ECONOMIC DEVELOPMENT—
PUBLIC INFRASTRUCTURE FUND
Sections:
Article I. Sales and Use Tax&Creation of Public Infrastructure Fund
3.28.010 Imposed.
3.28.020 Rate. Establishment of public infrastructure fund.
3.28.030 Credit provisiob
3.28.040 Administration and collection.
3.28.050 Establishment of distressed county public facilities fund.
3.28.060 Use of funds.
3.28.070 Administration of fund.
3.28.080 3.28.040 Effective date—Expiration date.
Article II. Administration of Public Infrastructure Fund
3.28.050 Definitions.
3.28.060 Use of funds.
3.28.070 Administration of fund.
3.28.080 Public infrastructure fund board.
3.28.090 Composition of public infrastructure fund board.
3.28.100 Public infrastructure fund board meetings.
3.28.110 Project Evaluation Criteria For Use By PIF Board.
3.28.120 Eligible Projects.
3.28.130 Grant and Loan Parameters
3.28.140 Modifying Grand and Loan Terms.
3.28.150 Application review process—Staff Functions.
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3.28.160 Severability.
3.28.170 Venue.
sArticle I. Sales and Use Tax&Creation of Public Infrastructure Fund
3.28.010 Sales and use tax Imposed.
(1) There is hereby imposed by this chapter a distressed county sales and use tax, as the case
may be, for economic development pursuant to RCW 82.14.370 upon every taxable event,
as defined in Chapter 82.1482.14 RCW, occurring within Jefferson County. The tax shall be
imposed upon and collected from those persons from whom the state sales or use tax is
collected pursuant to Chapters 82.08 and 82.12 RCW.82.08 and 82.12 RCW. This tax shall
be in addition to other sales and use tax imposed by Jefferson County. [Ord. 1-98 § 1]
328020 Rates
(2) The rate of tax imposed by this chapter shall be 0.09 percent of the selling price in the
case of a sales tax or the value of the article used in the case of a use tax, or if state
statute is revised to reduce the 0.09 percent limit, the rate of tax shall be the maximum
rate authorized by statute below 0.09 percent. [Ord. 5-07 §-_1; Ord. 4-99 § 1; Ord. 1-=98 §
2]
(3) The tax imposed by this chapter shall be collected by the state, and shall be credited
against the amount of sales or use tax due to the state upon the same taxable event
under Chapter 82.08 or 82.12 RCW.82.08 or 82.12 RCW. [Ord. 1-98 § 3]
(4) The tax imposed by this chapter shall be administered and collected in accordance with
RCW 82.14.050. The chairman82.14.050. The chair of the board of county commissioners
is hereby authorized to and directed to execute contracts with the Washington State
Department of Revenue that may be necessary to provide for the administration or
collection of the tax. [Ord. 1-98 § 4]
3.28.0-50-020 Establishment of distressed county public fasifitiesinfrastructure fund.
There is hereby created the distressed county public facilities fundPublic Infrastructure Fund.
Monies collected pursuant to this chapter shall be deposited in this fund by the Jefferson
County trccasurer.Treasurer and shall be administered and dispersed as provided for by law. The
Discussion Draft#3— 10/04/18
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fund balance may be invested by the treasurerCounty Treasurer and any interest earned, net
after Treasurer's fees as provided for by law, shall be deposited in the fund as well. [Ord. 1-98
§-_5]
3.28.060-030 Use of funds.
(1)
(1) Monies deposited in such fundthe Public Infrastructure Fund shall only be used for
purposes as authorized by the laws of the state of Washington, including but not limited
to, the financing of and this Chapter.
(2) Public Infrastructure Funds may be used for the following purposes:
(a) To finance eligible public facilities ecserving economic development purposes;
(b) To finance the planning, design and construction of the tri-area sewer system
using 50 percent of monies collected under this chapter to the tri-area sewer fund,
pursuant to JCC 3.36.030. In addition, if recommended by the Public Infrastructure
Fund Board, additional Public Infrastructure Funds may be allocated for the tri-
area sewer system as an eligible public facility, pursuant to paragraph (2)(a),
above.[PMi1
(c) To pay or secure the payment of all or any portion of general obligation bonds or
revenue bonds issued for such purposes. Thceligible public facility must be listed
as an itemprolects under this chapter;
(d) To finance personnel in the officially adopted county overall economic
development plan, or the economic development elementoffices; and
(e) To pay the County's cost for administering the Public Infrastructure Fund, charged
to the fund in accordance with the County's administrative policies and cost
allocation plan, not to exceed five percent of the county comprehensive plan, or
the comprehensive plan of any city located in Jefferson County. All cities, towns,
and port districts shall be consulted.annual Public Infrastructure Fund
revenues.[PM21
{2) "Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary
sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural
gas, buildings, structures, telecommunications infrastructure, transportation
infrastructure, or commercial infrastructure, and port facilities in the state of
Washington.
{3)
(3) No new projects funded with money collected under this section may be for justice
system facilities. [Ord. 5-07 §-_2; Ord. 4-99 § 2; Ord. 1-98 § 6]
3.28.60 3.28.070-040
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The distressed county public facilities fund shall be administered by the board of county
directed to prepare a six year spending plan and an annual budget. The six y ar plan shall
provide for all public agencies in Jefferson County to submit requests for funding of public
facilities. [Ord. 1 98 § 7}
X8.088-Effective date— Expiration date.
The ordinancesales and use tax codified in this chapter shall take effect August 1, 2007, and
shall expire as provided by law July 31, 2032, which is 25 years after the date the 0.09 percent
tax rate was first imposed by the county. [Ord. 4-16 § 1; Ord. 5-07 § 3; Ord. 4-99 § 3; Ord. 1-98
5 8]
Article II. Administration of Public Infrastructure Fund
3.29.010 Definitions.
3.29.020 Goals and objectives.
3.29.030 Policy.
3.29.040 Program activities.
3.29.050 Public/private projects.
3.29.060 Priorities.
3.29.070 Consistency with area economic and comprehensive plans.
3.29.080 Standards for the PIF portfolio.
3.29.090 Job/cost ratio.
3.29.100 Funding ratio.
3.29.110 Activities financed.
3.29.120 Eligible PIF fund recipients.
3.29.130 Allocation of financial resources.
3.29.140 Eligible loan types.
3.29.150 Eligible grant types.
3.29.160 Grant and loan general financing policies.
3.29.170 Standard terms applicable to all loans.
3.29.180 Standard terms applicable to all grants.
3.29.190 Modifying loan and grant terms.
3.29.200 Standard interest rates.
3.29.210 Special financing techniques.
3.29.220 Bonding.
3.29.230 Collateral and equity requirements.
3.29.240 Fees to borrowers.
3.29.250 Composition of the public infrastructure fund board.
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3.29.260 Responsibilities of public infrastructure fund board.
3.29.270 Public infrastructure fund board meetings.
3.29.280 Loan/grant administrator capacity.
3.29.290 PIF application administrator capacity.
3.29.300 Application administration responsibilities.
3.29.310 Jefferson County loan/grant administrator.
3.29.320 Loan selection, approval process and servicing.
3.29.330 Application review process-Staff functions.
3.29.340 Public infrastructure fund administrative costs.
3.29.350 Availability of loans and grants.
3.29.360 Other considerations.
3.29.370 Severability.
3.29.380 Venue.
3.29.0103.28.050 Definitions.
(1) "Economic development purposes" as defined by RCW 82.14.370(3)(c)(ii) means those
purposes which facilitate the creation or retention of businesses and jobs in a county.
(2) {1) "EDC" means the Jefferson County economic development council. "[DC" means the
Economic Development Council Team Jefferson or the Associate Development
Organization designated by the county to Washington State.
(3) {2) "Emergent opportunity"" means a project attracting a business that would significantly
improve the economy. The business that the project is intendedtied to an opportunity to
attract must be preparedor retain businesses or jobs or to locateleverage other funding
for a project in Jefferson County, that has a short time window for being successful in that
opportunity.
{3) "
(4) "In-kind expenses"" means donated or loaned real or personal property, volunteer
services, and employee services.
(5) "Local government pool rate"" means the rate of interest charged for loans as determined
by the Local Government Investment Pool (LGIP) enacted by RCW 43.250.010.
{5)
(6) "PIF''-'" means the public infrastructure fundPublic Infrastructure Fund.
{6)
"PIF Application Administrator. The" means the county administrator, or his/her designee, who
shall carry out the duties assigned within this chapter as the application administrator.
{7) "PIFB" means the public infrastructure fund board.
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(7) {8) "PIF loan/grant administrator" means the person(s) charged by the board of county
loan/grant administrator, and any other duties relating to the PIF assigned by the board of
commissioners.
• "• -- - •-I, •• - - - :•• - -• - • - :••:. - . -- - -
(8) "PIF Board" means the public infrastructure fund board.
(9) "Project"" means the planned design, permitting and/or construction of a public facility
that has applied for PIF fundingmeets the eligibility criteria of RCW 82.14.370.
{11) "
(10) "Public facility" shall include" means bridges, roads, domestic and industrial water
facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities,railroad,
electricityrailroads, electrical facilities, natural gas facilities, research, testing, training, and
incubation facilities in innovation partnership zones designated under RCW 43.330.270,
buildings, structures, telecommunications infrastructure,transportation infrastructure, or
commercial infrastructure, and port facilities, if listed as an item in the officially adopted
county overall economic development plan, or the economic development section of the
county'scounty's comprehensive plan, or the comprehensive plan of the incorporated
area(s) located within Jefferson County. [Ord. 9-06 §-_12]
3.29.020 Goals and ebGectiver
{1) In 1997 and 1999, the State Legislature authorized rural counties to retain a portion of sales
and use tax (.04 percent in 1997; increased to a total of .08 percent in 1999) to finance public
facilities. The goal of the legislation is to provide additional funds to increase the economy of
the rural counties by financing public facilities that will result in new jobs through business
expansion and recruitment.
{2) Funds from the public infrastructure fund, hereinafter referenced as PIF, shall be used to
improve the economy in the incorporated and unincorporated areas of Jefferson
County, through the use of grants and low interest loans for public facilities.
3.28.60 Use of funds.
[Ord. 9 06 § 1]
3.29.030-Policy.
The administering of the monies provided to Jefferson County under RCW 82.11.370 shall be
referred to as the public infrastructure fund, or the PIF. PIF money shall be invested for
economic development to support the development of job related public facilities in a manner
_ • • -• • - • - , : .•- •. , . : policies outlined herein. [Ord. 99 06 §-1]
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The essential activities of the PIF include the creation of new jobs and income by improving the
economy by the following:
{1) Promoting the ongoing operation of businesses;
{2) Promoting the expansion of existing businesses;
{3) Attracting new business investment;
{1) Assisting in the development of new businesses from within the incorporated and
{5) Providing family wage jobs to the citizens of the county. [Ord. 9 06 § 1]
3.29.050 Dublic/private n ect0
(1) Monies collected under this section shall deposited in the Public Infrastructure Fund may
only be used for financing public facilities in rural counties. In in accordance with JCC
3.28.030.
(2) In implementing this Sectionchapter,the county shall consult with all cities, towns, the
P-1.1-1D-and port districts within the county, and the associate development
organization serving the county. This may be accomplished by consulting with the PIF
Board.
3.28.70 Administration of fund.
The Public Infrastructure Fund shall be administered by the board of county commissioners
through the PIF Administrator or designee in conformance with state law and the Jefferson
County Code. However, The Jefferson County treasurer shall assume the responsibility for
administering loans. [Ord. 1-98 § 71
3.28.80 Public Infrastructure Fund Board
(1) Prior to awarding PIF funds to any project , the county shall consult with the PIF Board for
its recommendations to ensure that the expenditure meets the goals and the
requirements of RCW 82.14.370 and this Chapter. The PIF Board's recommendations shall
be forwarded to the board of county commissioners, who shall have final authority to
approve or deny any and all project applications and the terms of any PIF grant or loan.
(2) The PIF Board may make recommendations for improving the administration of the PIF to
the board of county commissioners. [Ord. 9-06 § 4]
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3.28.90 Composition of the public infrastructure fund board.
(1) The PIF Board shall consist of up to eight members:
(a) The Jefferson County Public Utility District No. 1,the City of Port Townsend, the
Port of Port Townsend, and Jefferson County shall each have the right to have one
elected official or their designee to serve on the PIF Board.
(b) The associate development organization (ADO) serving the county shall have the
right to recommend a member of the ADO board or ADO staff to serve on the PIF
Board.
(c) Each entity may each also recommend appointment of one alternate to participate
in the absence of their designated member.
(d) The remaining three seats shall be considered at-large positions and will be filled
as follows: one representative from each commissioner district will be appointed
by the board of county commissioners.
(e) The board of county commissioners shall have final authority to approve and
appoint all members and alternates of the PIF Board. The Jefferson County
representative shall chair the PIF Board.
(2) Additional Criteria for PIF Board Membership. Members of the PIF Board should possess
the technical knowledge necessary to evaluate project proposals based on their technical
and economic development merits. Any person acting pursuant to the PIF Board shall
comply with all state and local ethical requirements and conflict of interest laws. [Ord. 9-
06 § 4]
3.28.100 Public infrastructure fund board meetings.
(1) Meetings of the PIF Board shall be conducted in accordance with state law including the
Open Public Meetings Act.
(2) The PIF Board shall meet at least annually to review the status of prior awards and to
consider whether to invite additional project funding applications, and shall meet on
other occasionslEPM31as necessary as determined by the chair of the PIF Board.
(3) All actions by the PIF Board shall be expressed by adoption of a motion and/or resolution.
All resolutions, once adopted in final written form, shall be signed as approved by the
chair on behalf of the PIF Board. Meeting minutes of all actions taken shall be kept,
subject to approval by the PIF Board at a subsequent meeting.
(4) The PIF Board may transact business via teleconference. Teleconference meetings shall be
announced in accordance with state law. For the purposes of this Section, "public
facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer
facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural bas,
Discussion Draft#3—10/04/18
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buildings, structures, telecommunications A speakerphone shall be utilized during the
public meeting to allow members of the public to hear PIF Board proceedings and, at the
discretion of the chair, participate in discussions by PIF Board members.
(5) No representations utilizing the name of the public infrastructure fund board to endorse
or oppose any issue shall originate from any member of the PIF Board, unless a motion or
resolution passed by a majority of the members of the PIF Board approves such position.
(6) Quorum. A quorum shall be considered present for a PIF Board meeting when at least five
members are present.
(7) Voting. ,transportation infrastructure, or commercial infrastructure, and port facilities in
the state of Washington.Voting shall be by voice vote. In lieu of voice vote, any member
may request a roll call vote. A majority of affirmative votes by PIF Board members present
at the meeting that has a quorum is necessary for the exercise of any power or function of
the PIF Board. [Ord. 9-06 §4 4]
3.28.110 Project Evaluation Criteria For Use by PIF Board.
The priority of the PIF is to create an environment that encourages the creation and retention
of -jobs and businesses by stimulating private investment that will, in turn, improve the
economy of the residents of the incorporated and unincorporated areas of Jefferson County.
Grants and loans for projects shall only be given to suppeft the creation offor public facilities
that improve the economy.serve an economic development purpose in the county. The PIF
Board shall consider the following criteria shall be used to evaluate projects:
{1) Improvements
(1) Public facility projects that have a higher probability of successfully creating or retaining
significant numbers of jobs including unskilled, semi-skilled, and skilled jobs; or that have
a large job creation-to-PIF funding ratio.
{3)
(2) Projects that leverage : . _ ' . • - e . e ' - ' . - . .. significant outside funding and/or
partnerships.
{1) Accelerated repayment schedules.
{5) Redevelopment
(3) Projects that would develop, re-develop, in-fill aridexpan-sion of or expand existing or
planned infrastructure systems necessary to create or retain jobs.
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{6) Higher
(4) Projects with a higher match percentage . • e - - . - _ _ . . _ .
The match may include project-related expenditures for a period up to one year prior to
the request for funding.
{7)
(5) Projects that will immediately retain or create jobs or benefit the economy in priority
economic sectors or economic centers in the incorporated or unincorporated areas of
Jefferson County.
{8)
(6) Projects that successfully mitigate for significant adverse environmental impacts, if
applicable. [Ord. 9-06 § 1]
• • - - . - - - • • - .
(7) Consideration may be given for critical timing; emergent opportunities;
(8) Consistency with and implementation of an adopted countywide economic development
plan or strategy, the economic element of an adopted Comprehensive Plan, or an adopted
Comprehensive Economic Development Strategy (CEDS);
(9) Other criteria as the PIF Board may determine, consistent with RCW 82.14.370, and the
adopted Comprehensive Economic Development Strategy (CEDS) or the adopted
Comprehensive Plan of the jurisdiction where a project is located;
3.28.120 Eligible Projects.
To be eligible for PIF financing, projects must:
(1) Meet the requirements of RCW 82.14.370;
(2) Comply with federal, state and local laws, all projects must bei
(3) Be consistent with the economic development section of the county's comprehensive
plan, or the comprehensive plan of the incorporated area(s) of Jefferson County [Ord. 9-
06 § 1]
• . . . . .
This section and JCC 3.29.090 through 3.29.150 outline the general standards to be achieved by
the PIF portfolio as a whole. Individual loans and grants may vary but PIF loans and grants shall
generally conform to the standards specified in this section and JCC 3.29.090 through 3.29.150.
Discussion Draft#3—10/04/18
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opportunities; enhanced immediate or long term economic benefits.
Be[Ord. 9 06 § 21
3.29.090 leh/cost ratie
Applications demonstrating a lower investment per job shall be given preference. The job types
3.29.100 Funding ratio
Funds provided shall not exceed 50 percent of the project cost.project of a local public agency
The cost may include in kind expenses. [Ord. 9 06 § 2]
3.29.110 Activities financed
(1) PIF funds shall only be spent to support the development of public facilities within Jefferson
County,and the administration of the PIF.
(2) PIF fundsthat agency shall notalso be;pent on the construction of public facilities that do
not improve the economy. [Ord. 9 06§ 2]
• ti - - . .
•
•
(4) - - • - : - - -• - - - - - • - - - • • • - - - - :. the
recipient of PIF financing. All project applications shall include a resolution of support
adopted by the governing body of the public agency applying for the PIF funds. [Ord. 9-06
§-_2]
To conserve fund equity, principal deferrals or similar flexible repayment techniques should be
used to offset financial hardship in lieu of
3.28.130 Grant And Loan Parameters.
Project grants, where possible and feasible. [Ord. 9 06 § 2]
3.29.140 Eligible leant pes
All PIF funds loans shall be used only for projects that arc consistent with all other goals,
__ ' •- , . _ _ -•• - • . _ • - - . e. - _ _ - • _ meet the following
criteriaparameters:
PIF funds provided for public facility project applications shall not exceed eighty percent (80%)
[Pmaiof the project cost. The cost may include in-kind expenses. [Ord. 9-06 §(1) Monies collected
under this section shall only be used for financing public facilities in rural counties. In
within the county. For the purposes of this section, "public facilities" means bridges, roads,
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� � �'
� � � �
^ _ ' •• =_, ^ ~ ^ ' - ' ^ ' v ' v ^ ^ ' ' ' =~ ~ ' ~ ' ^
' ' ' ~ ' ~ ' '
infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in
the state of Washington; all for the purpose c '2 ^' •, =; ' ' ^ •: ^, e • ; - `' ~ ,
hereinbefore and hereinafter referred to as a public facility.
(1) /2) The 2]
(2) If a loan, the loan term of the loan shall not exceed the useful life of the asset.
{3) The loan must improve the economy for the incorporated or unincorporated areas of
Jefferson County.
/1\ Loan projects shall rcsu|t in the direct and immediate development of a public facility.
{5) Loans shall be used as a pledge of funding to leverage other sources of funding for financing
public facilities that are found to be consistent with all other goals, policies and requirements as
set forth herein. [Ord. 9 06 § 2]
Grants shall be used as a pledge of funding to leverage othcr sources of funding for financing
public facilities and which are found to be consistent with all other goals, policies and
requirements as set forth herein. [Ord. 9 06 § 2]
. . 11 ' ' ' ' , , ' ' ' ' ' ' '' ' ' ' ' ' ^ "
Thc loan to grant funding ratio shall follow the followng guidelines, unless specifically
authorized to deviate by the board of county commissioners:
to the loan program.
{2) Determination for loan disbursements will be based upon a review by the PIFB of the merits
and strengths of the proposed pjcct.
{3) If practical, the board of county commissioners may fund all elements from bond proceeds if
that is deemed to be advantageous to the PIE. [Ord. 9 06 § 3}
(3) Subject to final approval by the board of county commissioners, the terms for repayment
of the PlFall grant and/or loan agreements are subject to negotiation with the
in accordance with the following guidelines:applicant, in a form approved by the County
Prosecuting Attorney, and in the case of loans, the County Treasurer as well.
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{1) The date of interest payment, unless negotiated otherwise, shall be due every June 1st until
the loan is satisfied. The date of interest payment and principal shall be due every December
1st until the loan is fully satisfied. A negotiated moratorium on the principal may be considered,
but for no more than six months from the date of disbursement. The public infrastructure fund
board (PIFB) shall review proposed exceptions.
other fees shall be determined at the time of application.
{3)
(4) The rate of interest for a loan will be based on the local government pool rate as of the
last business day of the preceding month, or other rate mutually agreed to, and subject to
a reasonable loan origination fee. PIF income will be reinvested in the PIE.
(1) The PIF may specify or limit the uses of PIF funds if deemed necessary and prudent.
payments, decreased payments, or increased repayment amounts under certain circumstances.
Such circumstances may include, but arc not limited to, one or more of the following:
(a) Any delay in repayment;
(b) Project cost overrun; or
(c) Project cost overestimate.
In each case where such a clause is utilized, the language shall clearly establish the thresholds
that would cause a change in the payment schedule. These thresholds may include, but arc not
limited to, the completion of a project ahead of the d adline(s).
(6) Specific performance required of the borrower, including meeting payment schedules,
timely completion of project phases, and other conditions of the loan, shall be specified in ach
contract between the county and the borrower. Failure to comply with the terms of the loan
or demand full payment. The terms will also include the rights of the borrower to cure the
default.
contained in the contract between the county and the borrower.
{8) There will be no prepayment penalty assessed for a principal reduction or arty satisfaction
of the loan.
{9) A compliance system shall be in place that defines the deadlines for completing specific
not achieving predetermined deadlines.
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{10) Loan disbursements should be consistent with progress of the project including the
commitment of other necessary funding sources. Verification via an on site visit written
documentation may be required before funds are disbursed. Note: A system of draws will be
put in place depending on size of loan. [Ord. 9 06 § 3]
Subject to final approval by the board of county commissioners, the terms for PIF grants are
subject to negotiation, in accordance with the following guidelines:
(1) Funds
(5) All customary and usual loan fees may be charged to applicants including, but not limited
to, title insurance, escrow, attorney fees, recording fees, and loan origination fee.
(6) Loans will be general obligations of the eligible PIF fund recipient, committing its full faith
and credit. Care will be taken that proper borrowing or grant-funding resolutions are
obtained. Loans shall not be made which will cause the jurisdiction to exceed its legal
borrowing limits. [Ord. 9-06 § 4]
Grant funds may be disbursed upon completion of the project, or as draws upon completion of
pre-determined phases of the project. The method of disbursement will be determined upon
approval of the grant request.
{2) The PIFB may specify or limit the uses of PIF funds if deemed necessary and prudent.
repayment of some or all of the grant funds under certain circumstances. Such circumstances
may include but arc not limited to one or more of the following:
{a) Project cost overrun;
{b) Project cost overestimate;
{c) Unreasonable noncompliance with project timelines;
{d) Impossibility of performance by borrower;
{e) Acts of God making performance impossible; or
{f) Lack of PIF funds due to decreased sales tax revenues.
directly related to the grant. The activities should be detailed as to the characteristics. The
compliance system should include penalties for not achieving predetermined deadlines.
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(7) {5) Grant, and disbursements should be consistent with progress of the project including
the commitment of other necessary funding sources.
(6) Public Works Trust Fund Construction Loan Program/Matching Program. This mechanism
provides for a local match against the public works trust fund construction loan program, which
is one of four loan programs under the umbrella of the public works trust fund. This is a low
interest revolving loan fund designed to help local governments finance critical public works
districts. Eligible projects include repair, replacement, rehabilitation, reconstruction, or
may include reasonable growth as part of the project. Six types of systems are eligible for
The interest rate is linked to the percentage of the local match:
15% Local Match - 0.5% Interest Rate
10% Local Match - 1% Interest Rate
5% Local Match - 2% Interest Rate
The loan term is for the life of the project, or 20 years; however, projects must be completed
within 48 months after contract execution.
(8) The PIF funds may be used as a matching grant and/or loan forby eligible public entities;
as a local match against other grants and loans, such as the Public Works Assistance
Account,[PMs1 provided the project fulfills the requirements of RCW 82.14.370, and the
result of the project is the creation of new jobs through business expansion and
recruitment.. [Ord. 9-06 §-_3]
3.29.190 28.140 Modifying loan and grant terms.
(1) There may be circumstances that warrant modification of the original terms of the loan or
grant. The borrower or grantee may apply for modification using forms provided by the
PIF loan/grant administrator and shall clearly state the facts with supporting information
justifying the request for modification. The borrower or grantee shall also provide and
supporting documentation. The PIF loan/grant administrator shall review and process the
request in the same manner as the original application. As with the original loan or grant,
finalFinal approval rests with the board of county commissioners. Any modification to PIF
loan terms must be in writing and agreed to by the PIF loan administrator and the
borrower.
{2)
(2) The PIF loan/grant administrator or County Treasurer may recommend corrective action
to the terms of a loan or grant to the board of county commissioners without a request
from the borrower or grantee, but shall give the borrower or grantee 14 days'days' notice
of any such corrective action. [Ord. 9-06 §-_3]
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3
-Interest shall be agreed upon at the time of application. RIF income will be reinvested into the
PIF. Thc rate of interest will be based on the local government pool rate as of the last businccs
day of the preceding month. [Ord. 9 06 § 3]
" e, ^ _ ^, ^ . ^ ' _ ;' : _ � , ' ^' °' '^^ ^ � '^ ^~ ° ^ ' v '' ^v ^^ ~ ° �' ^
~ ~ ~ ~
[Ord. 9 06 § 3}
:e ^ v*~~^ ^ ' v' ° ' ^^• e ". " w= ~
/1\ Collateral may not be required for PIF fund recipients if mutually agreed to by the
administrator and borrower. Generally, PIF loans shall be made on a direct basis by the loan
fund to the borrovvcr. The county shall receive all payments of principal, interest, and penalties.
(2) Loans to eligible borrowers will not bc secured. However, loans will be general obligations of
the eligible 9|F fund recipient, committing its full faith and credit. Care will be taken that proper
borrowing or grant funding resolutions arc obtained. Loans shall not be made which will cause
the jurisdiction to exceed its legal borrowing limits. [Ord. 9 06 § 1]
- ' ^ v ' ' ' v, ^ ^~ ~ ' :^ ~ ' :^° : ' ^ ^ ' : ^�, " ' ^ v •~• '" v,
{2) The Jefferson County treasurer shall assume the responsibility for loan and grant
administration of the funds. The county administrator shall assume the responsibility of
application administration for the fund. Final policy making authority for the public
order to achieve the goals and policies of the PIF, the county shall establish a public
infrastructure fund board. [Ord. 9 06 §
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•
•
•
• -•_! •• ! -- - - - . . . . . - - - - . - - -
�. ..
city of Port Townsend, the port of Port Townsend and Jefferson County shall each have the
right to appoint one elected official or their designee to serve on the PIFB. The remaining three
seats shall be considered at large positions and will be filled as follows: one representative from
each commissioner district will be appointed by the BOCC. At large members to the PIFB will
possess some experience or expertise in private sector business development and/or financing.
The board of county commissioners shall signify final approval and appointment of the
members of the PIFB by the adoption of a resolution.
{2) Criteria for PIFB Members. Members of the PIFB should possess the technical knowledge
necessary to evaluate project proposals based on their technical and economic development
requirements and conflict of interest laws. [Ord. 9 06 § 4}
{1) The PIFB shall be responsible for making recommendations to the board of county
commissioners, who shall have final authority to approve or deny any and all applications.
(2) The PIFB may make recommendations for improving the administration of the PIF to the
board of county commissioners-06-§-41
{1) Meetings of the PIFB shall be conducted in accordance with state law and the procedures
commonly known as "Robert's Rules of Order." The PIFB shall meet in a timely manner, no
more than 30 days after a complete application has been received.
{2) All actions by the board shall be expressed by motion and/or resolution. All motions and
of the PIFB.
{3) The PIFB may transact business via teleconference. Teleconference meetings shall be
announced in accordance with state law. A speakerphone shall be utilized during the public
chair, participate in discussions by PIFB members.
{1) No representations shall originate from any member of the PIFB utilizing the name of the
public infrastructure fund board to endorse or oppose any issue, unless a majority of the
members of the PIFB approves such position.
{5) 28.150 Quorum. A quorum shall be considered present for a PIFB meeting when at least
five members arc present.
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voice vote, members may request a roll call vote. Any member of the PIFB may request a roll
call vote. A mjorityofaf0rrnotivcvotcsbyP|FBrncrnbcrspncscntatthcrncctingorcncccssary
for the exercise of any power or function of the PIFB. [Ord. 90664l
The Jefferson County board of commissioners shall designate a PIF loan/grant administrator for
the public infrastructure fund. The administrative costs associated with the PIF shall be covered
by the funds submitted to the county treasurer's office as a result of RCW 82.14.370. [Ord. 9 06
5 5]
The county administrator, or his/her designee, shaU be the application administrator of thc PIF
program. [Ord. 9 06 § 6]
. ! !! ^ " , . ', ' ' " -.'' ' •e • ' , , ' •t• • .'
--'
Aop|icatkonsshoUbcinaccordznccvvith |ocalccmnonnicdcvc|oprncntphoribcscstzb|ishcdhx
the jurisdictions. Guidelines and application materials shall be available to eligible borrowers.
by eligible borrowers. This review shall determine the suitability of the proposal for funding
under these program guidelines and judge the overall integrity of the proposal. [Ord. 9 06 § 6]
1) This function will oversee loan/grant recipient compliance with all conditions required by
the PIF. The compliance function will end only upon satisfaction of the loan or completion of
the prjcctfundcdbyzQront. AUappropriatcfcdcro|, stotcand |ocn| rcquircnmcntsshoUbo
disclosed to ach prospective PIF funding recipient at the time of application. A system will be
established to ensure compliance with financial and programmatic responsibilities prior to the
issuanocofnny |oanorgrznt. Thc |onn/grontodrninistratorshoUvvorkinco junction with the
Jefferson County department of public works to ensure that pjects arc progressing to full
completion. Todathis�hcadrninistrotorshoUhovcthcobi|i�y1wperfornnsito
loan/grant
inspections.
.(2) The PIF loan/grant administrator and the county treasurer's office are responsible for the
prudent management of the funds. This role includes substantial responsibilities to ensure that
determine if the PIFB's actions are in compliance with the policies and procedures contained in
the PIF plan. [Ord. 9 06 § 6]
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The Jefferson County PIF loan/grant administrator shall develop all forms necessary for
implementation of the PIF. The application shall describe the basic eligibility requirements and
the selection criteria essential to successful applications. [Ord. 9 06 § 7]
3.29.330 Application review process—Staff functions.
{1)
(1) The countyPlF administrator, or his/her designee, shall help prepare application forms and
review the applicationssubmitted proposals for program objectives, eligibility
requirements, selection criteria, and loan terms with any potential applicant. A written
summary of ach proposal shall be prepared to accompany each application. When a
completed application is submitted, the PIF loan/grant administrator shall take
responsibility for reviewing the application. The PIF loan/grant administrator is
responsible for ensuring that each application package submitted to the PIFB for review is
complete. Project applicants submitting incomplete documentation will be noticed within
10 business days of receipt. The application shall be checked against eligibility criteria,
program objectives, financial feasibility, selection criteria, environmental requirements,
- •• •• • - • • The PIF
administrator may request any additional information not submitted with the application
that the PIF loan/grant administrator deems necessary for the PIFBPIF Board to review the
application.
(2)
(2) A decisionrecommendation by the PIFBPIF Board to approve or deny a loan or grant
application is not appealable; however, an eligible borrowerapplicant may submit a
proposal more than once.
{3) Treasurer's
(3) Treasurer's Office Services. The Jefferson County treasurer'sTreasurer's office shall be
responsible for monitoring all loan repayment schedules and performance and for
reporting delinquent loans. Any loan that is in excess of 30 days past due must be brought
to the attention of the PIF loan/grant administrator. In the case that the
treasurer'sTreasurer's office learns of adverse circumstances that may affect the loan, the
treasurer'sTreasurer's office shall notify the PIF loan/grant administrator.
{1) Staff Administrator Monitoring Activities. A system for monitoring the progress of each
loan and grant shall be in place prior to issuance of the loan or grant, and is the responsibility of
the treasurer's office and gather information on project completion and performance.
Technical oversight for a project should be in collaboration with the Jefferson County public
to comply with the terms and conditions of the loan or grant, whether financial or
programmatic, shall require the PIF loan/grant administrator to initiate corrective action with
the PIF fund recipient. Corrective action plans shall be part of the loan/grant agreement that
was prepared in writing and shall be signed by the PIF - • . - -• . 9- • - •• . . . . .
in accordance with the PIF fund recipient's loan or grant agreement. Corrective action plans
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shall become a legally binding part of the loan or grant agreement between the recipient and
the county.
{5)
(4) In the event of serious failure to comply with the terms and conditions of the program or
financial default, the PIF loan/grant administrator shall call an emergency meeting of the
PIFBPIF Board to consider remedial steps. Decisions of the PI-F-BPIF Board regarding
noncomplying loans and grants shall be in writing and appealable to the board of
Jefferson County commissioners.
[Ord. 9-06 § _ -- -- . . -- •' -• - - •- - •-- . - - _- - - • - -- - -
the PIF including financial performance, number of jobs directly created, comparison of
activities financed and their outcomes, the uses made of interest payments, the achievement of
administration. [Ord. 9 06 § 8]
81
3. • • - - - - - - •-• . • - .
Administrative costs for managing the PIF shall be funded by monies provided to the Jefferson
County treasurer's office per RCW 82.14.370. PIF funds shall not be spent on the administration
of other programs. Administrative costs shall not exceed five percent of annual fund proceeds.
{Ord. 9 06 § 91
Proceeds returned to the fund, pending the approval of new loans or grants, shall be held with
the Jefferson County treasurer's office. The treasurer's office shall manage the funds in a
manner consistent with law and shall return all interest income to the fund. [Ord. 9 06 § 10]
3.29.360 Other consideration
- - . - ■ e -
3.29.370 28.160 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid,
the remainder of this chapter or the application of the provisions to other persons or
circumstances are not affected. [Ord. 9-06 §-1.4]
3.29.380 28.170 Venue.
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For any lawsuit arising from this chapter, any loan granted by the BOCC from PIF funds, or any
decision of the W-F-BPIF Board, venue shall lie only in the superior court in and for Jefferson
County. [Ord. 9-06 §-_15]
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Chapter 3.36
TRI-AREA SEWER FUND
Sections:
3.36.010 Public infrastructure fund (PIF).
3.36.020 Tri-area UGA— Establishment of a priority project.
3.36.030 PIF set aside for tri-area sewer.
3.36.010- Public infrastructure fund (PIF).
The public infrastructure fund (PIF), codified in Chapter 3.293.28 JCC, is designed to increase
the economy of Jefferson County by financing public facilities that will result in new jobs
through business expansion and recruitment. [Ord. 19-04 §-_1]
3.36.020- Tri-area UGA—Establishment of a priority project.
The creation of a new""tri-area UGA"" in 2004 establishes the need for public facilities and
infrastructure in the tri-area in order to be available for business expansion and recruitment.
[Ord. 19-04 §-_2]
3.36.030- PIF set aside for tri-area sewer.
The
Of the funds provided to Jefferson County under RCW 82.14.370, fifty percent (50%) shall be
dedicated, in the amount of at least 50 percent, IPM6lto the tri-area sewer fund for the planning,
design and construction of the tri-area sewer system. [Ord. 19-04 §-_3]
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