HomeMy WebLinkAboutChapter 3.28 SALES AND USE TAX FOR ECONOMIC DEVELOPMENT – PUBLIC INFRASTRUCTURE FUND
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 Grant and Loan Terms.
3.28.150 Application review process – Staff Functions.
3.28.160 Severability.
3.28.170 Venue.
Discussion Draft #45 – 10/1528/18 1 of 10
Article I. Sales and Use Tax & Creation of Public Infrastructure Fund
3.28.010Sales 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, the rate of tax shall be the maximum rate authorized by statute. \[Ord.
5-07 § 1; Ord. 4-99 § 1; Ord. 1-98 § 2\]
Commented \[PM1\]:
Modified so rate can move up, as
well as down.
(3)The tax imposed by this chapter shall be collected by the state, and shall be credited
Phil H, please check on whether the BoCC can use
against the amount of sales or use tax due to the state upon the same taxable event
paragraph (2) to automatically modify the tax rate to
mirror a future change in State law, or whether the BoCC
under Chapter 82.08 or 82.12 RCW. \[Ord. 1-98 § 3\]
must take separate action at such time, either to adopt
an ordinance, or pass a resolution, or pass a motion, to
(4)The tax imposed by this chapter shall be administered and collected in accordance with
instruct the State Dep’t of Revenue on the new rate.
RCW 82.14.050. The chair of the board of county commissioners is hereby authorized to
Commented \[PH2R1\]:
Yes, but I think there is a more
and directed to execute contracts with the Washington State Department of Revenue that
simple way to do this. I will do It on the next draft.
may be necessary to provide for the administration or collection of the tax. \[Ord. 1-98 § 4\]
3.28.020Establishment 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. \[Ord. 1-98 § 5\]
3.28.030Use 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, after consultation with the Public
Infrastructure Fund Board, additional Public Infrastructure Funds may be allocated
Discussion Draft #45 – 10/1528/18 2 of 10
forawarded to the tri-area sewer system as an eligible public facility, pursuant to
paragraph (2)(a), above.
Commented \[PM3\]:
At Oct. 15 BoCC meeting, the
BoCC asked that language be changed to “after
(c)To pay or secure the payment of bonds issued for eligible public facility projects
consultation with the Public Infrastructure Board,” in
under this chapter;
recognition that the PIF Board is advisory.
(d)To finance personnel in economic development offices; and
(e)To pay the County’s cost for administering the Public Infrastructure Fund, charged At Oct. 24 PIF Board meeting, there was no consensus on
whether the Hadlock Sewer should be eligible for project
to the fund in accordance with the County’s administrative policies and cost
funding beyond the 50% of PIF revenue already
allocation plan, not to exceed five percent of annual Public Infrastructure Fund
dedicated.
revenues.
Commented \[PH4R3\]:
Note: A consequence of
requiring the PIF Board advise, then it is clear that the PIF
Board is a subagency of the BoCC for OPMA purposes.
(3)No new projects funded with money collected under this section may be for justice
system facilities. \[Ord. 5-07 § 2; Ord. 4-99 § 2; Ord. 1-98 § 6\]
Commented \[PM5\]:
Language borrowed from Clallam
§5.40.040 CCC
3.28.040Effective date – Expiration date.
Commented \[PH6R5\]:
I don’t see the 5% figure in
Clallam’s Code: “Costs for administration of the
Opportunity Fund shall be charged to the fund in
The sales and use tax codified in this chapter shall take effect August 1, 2007, and shall expire
accordance with the County’s administrative policies and
as provided by law July 31, 2032, which is 25 years after the date the 0.09 percent tax rate was
cost allocation plan.” CCC 5.40.040. Clallam’s General
Financial Policy 13.2 states: “Cost Allocation Plan The
first imposed by the county. \[Ord. 4-16 § 1; Ord. 5-07 § 3; Ord. 4-99 § 3; Ord. 1-98 § 8\]
County’s cost allocation plan shall be maintained in
accordance with generally accepted accounting principles
for governmental organizations.”
http://www.clallam.net/bocc/documents/500GeneralFin
Article II. Administration of Public Infrastructure Fund
ancialPolicies_002.pdf However, RCW 36.29.020 states
in relevant part: “PROVIDED, Five percent of the
3.28.050Definitions.
earnings, with an annual maximum of fifty dollars, on
each transaction authorized by the governing body shall
be paid as an investment service fee to the office of the
(1)”Economic development purposes” as defined by RCW 82.14.370(3)(c)(ii) means those
county treasurer or other municipal corporation
purposes which facilitate the creation or retention of businesses and jobs in a county.
treasurer when the earnings become available to the
governing body: PROVIDED FURTHER, That if such
investment service fee amounts to five dollars or less the
(2)"EDC" means the Economic Development Council Team Jefferson or the Associate
county treasurer or other municipal corporation treasurer
Development Organization designated by the county to Washington State.
may waive such fee.”
(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 #45 – 10/1528/18 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. \[Ord. 9-06 § 12\]
3.28.060Use 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.
3.28.070Administration 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. \[Ord. 1-98 § 7\]
3.28.080Public 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, modify or deny any and all project applications and the terms of any PIF grant or
loan.
Discussion Draft #45 – 10/1528/18 4 of 10
(2)The PIF Board may make recommendations for improving the administration of the PIF to
the board of county commissioners. \[Ord. 9-06 § 4\]
3.28.090Composition 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. \[Ord. 9-
06 § 4\]
3.28.100Public 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 \[PM7\]:
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 #45 – 10/1528/18 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.
\[Ord. 9-06 § 4\]
3.28.110Project 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 #45 – 10/1528/18 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.
When recommending for and against projects for funding from the PIF for consideration by the
Board of County Commissioners, the PIF Board will report its criteria, and its evaluation of each
project.
Commented \[PM8\]:
On 10/15, the BoCC requested
that the PIF Board report its evaluation criteria, and how
each project was rated.
3.28.120Eligible 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 County 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. \[Ord. 9-06
§ 2\]
3.28.130Grant 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 \[PM9\]:
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.
Discussion Draft #45 – 10/1528/18 7 of 10
(4)The rate of interest for a loan will be a mutually agreed rate, which may consider the local
government pool rate and the
US Department of the Treasury daily treasury bill yield curve
The loan may be subject to a reasonable loan
rates for the term of the intended loan.
origination fee. PIF loan principal and interest payments will be reinvested in the PIF,
provided that the interest shall first be subject to a Treasurer’s Investment Service Fee in
accordance with RCW 39.29.020.
Commented \[PM10\]:
Phil Hunsucker please review
RCWs to see if Investment Service Fee can be charged on
loan interest.
(5)All customary and usual loan fees may be charged to applicants including, but not limited
Commented \[PH11R10\]:
Should be 36.29.020, which
to, title insurance, escrow, attorney fees, recording fees, and loan origination fee.
states in relevant part: “PROVIDED, Five percent of the
earnings, with an annual maximum of fifty dollars, on
each transaction authorized by the governing body shall
(6)Loans will be general obligations of the eligible PIF fund recipient, committing its full faith
be paid as an investment service fee to the office of the
and credit. Care will be taken that proper borrowing or grant-funding resolutions are
county treasurer or other municipal corporation
treasurer when the earnings become available to the
obtained. Loans shall not be made which will cause the jurisdiction to exceed its legal
governing body: PROVIDED FURTHER, That if such
borrowing limits. \[Ord. 9-06 § 4\]
investment service fee amounts to five dollars or less the
county treasurer or other municipal corporation treasurer
may waive such fee.”
(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 \[PM12\]:
Discussed at 10/3 PIFB meeting.
requirements of RCW 82.14.370. \[Ord. 9-06 § 3\]
28.140Modifying grant and loan terms.
(1)There may be circumstances that warrant modification of the original terms of the grant
or loan. The grantee or borrower 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. \[Ord. 9-06 § 3\]
3.28.150Application 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
Discussion Draft #45 – 10/1528/18 8 of 10
Administrator may request any additional information not submitted with the application
that the PIF 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.
(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 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
Administrator.
(4)In the event of serious failure to comply with the terms and conditions of the program or
financial default, the PIF Administrator shall call an emergency meeting of the PIF Board
to consider remedial steps. Recommendations of the PIF Board regarding noncomplying
Commented \[PM13\]:
BoCC change requested 10/15.
loans and grants shall be in writing and appealable to the board of Jefferson County
commissioners.
\[Ord. 9-06 § 8\]
3.28.160Severability.
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. \[Ord. 9-06 § 14\]
3.28.170Venue.
For any lawsuit arising from this chapter, any loan granted by the BOCCJefferson County Board
of Commissioners from PIF funds, or any decision of the PIF Board, venue shall lie only in the
superior court in and for Jefferson County. \[Ord. 9-06 § 15\]
Commented \[PM14\]:
Philip Hunsucker should review if
this provision complies with State Statute as to venue for
a lawsuit. What about neighboring Superior Courts?
Commented \[PH15R14\]:
This is fine as is but is subject
to RCW 36.01.040(1) which states: All actions against any
county may be commenced in the superior court of such
county, or in the superior court of either of the two
nearest judicial districts. All actions by any county shall be
commenced in the superior court of the county in which
the defendant resides, or in either of the two judicial
districts nearest to the county bringing the action.”
Discussion Draft #45 – 10/1528/18 9 of 10
Chapter 3.36
TRI-AREA SEWER FUND
Sections:
3.36.010Public infrastructure fund (PIF).
3.36.020Tri-area UGA – Establishment of a priority project.
3.36.030PIF set aside for tri-area sewer.
3.36.010Public 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. \[Ord. 19-04 § 1\]
3.36.020Tri-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.
\[Ord. 19-04 § 2\]
3.36.030PIF set aside for tri-area sewer.
Of the funds provided to Jefferson County under RCW 82.14.370, fifty percent (50%) shall be
dedicated to the tri-area sewer fund for the planning, design and construction of the tri-area
Commented \[PM16\]:
Discussed at 10/3 PIFB meeting.
sewer system. In addition, after consultation with the Public Infrastructure Fund Board,
additional funds provided to Jefferson County under RCW 82.14.370 may be allocatedawarded
for the tri-area sewer system as an eligible public facility, pursuant to JCC 3.28.030(2)(a). \[Ord.
Commented \[PM17\]:
On Oct. 15, the BoCC requested
that JCC 3.36.030 include additional funds language
19-04 § 3\]
paralleling the language in 3.28.030(2)(b).
Formatted: Indent: Left: 0", First line: 0"
Discussion Draft #45 – 10/1528/18 10 of 10