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HomeMy WebLinkAboutDISCUSSION re Funding TBD JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT (JCTBD) AGENDA REQUEST TO: JCTBD Board Members FROM: Mark McCauley, County Administrator DATE: January 13,2025 SUBJECT: JCTBD Revenue Sources—Resolutions imposing a 1/10' of 1% sales and use tax and a $20 vehicle fee to support JCTBD operations. STATEMENT OF ISSUE: On December 16, 2024, the Jefferson County Board of Commissioners adopted Ordinance No. 10-1216-24 establishing the Jefferson County Transportation Benefit District (JCTBD) for unincorporated Jefferson County. The JCTBD was established because the Jefferson County Road Fund cannot maintain its existing level of service without addition revenue. On January 6, 2025, the JCTBD Board held a Special Meeting to discuss funding options pursuant to RCW 36.73.065. Staff s recommendations were to consider enacting a one-tenth of one percent (0.1%) sales and use tax and a twenty-dollar($20.00) annual vehicle license fee. ANALYSIS: RCW 36.73.065(4)(a)(i) authorizes JCTBD's to enact a $20.00 annual vehicle license fee by a majority vote of the JCTBD Board. RCW 36.73.065(4)(a)(v) authorizes JCTBD's to enact a 1/loth of 1% sales and use tax by a majority vote of the JCTBD Board. All revenue generated by the JCTBD is restricted to uses authorized by RCW 36.73. Ordinance No. 10- 1216-24, codified in chapter 3.90 Jefferson County Code (JCC) details how these JCTBD funds could be spent: 3.90.060 Use of funds. (1) The funds generated by the transportation benefit district may be used for any purpose allowed by law including to operate the district and to maintain, preserve, acquire, construct, improve, provide and fund transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to chapter 36.73 RCW, as enacted or subsequently amended. (2) The transportation improvements funded by the district shall be made in an effort to reduce the risk of transportation facility failure and improve safety performance, increase operating efficiency and preserve and maintain optimal performance of the infrastructure over time to avoid expensive infrastructure replacement in the future by prioritizing investments in programs that provide: (a) Transportation System Preservation. Preserve, operate, maintain, and/or improve existing transportation infrastructures. (b) Transportation System Safety. Improve the safety performance and security of those who use the transportation system. (c) Other Projects. Any change or expansion of these authorized purposes shall be undertaken only after notice, public hearing and adoption of an authorizing ordinance in accordance with RCW 36.73.050(2)(b). Jefferson County's Public Works Department has previously presented to BoCC on multiple occasions, most recently on December 16, 2024, and explained the need for additional funding to maintain county roads. Public Works' primary use of JCTBD funds will be for necessary and basic road maintenance, including but not limited to chip sealing and road striping. The JCTBD Board held a Special Meeting on Monday, January 6, 2025, and discussed funding options available under RCW 36.73. Should the JCTBD Board desire to impose these revenue sources, they may call a councilmanic vote to approve the proposed resolutions. Staff will then send notice to the Department of Revenue and Department of Licensing respectively to begin revenue collection as soon as authorized by applicable law. The JCTBD Board maintains the ability to consider additional or alternative funding options authorized by RCW 36.73 in the future. FISCAL IMPACT: It is estimated that enactment of the two revenue sources would generate roughly $1.1 million in revenue which would be used to support operations of the county's Road Fund. RECOMMENDATION: Vote to approve resolutions imposing a one-tenth of one-percent (0.1%) and twenty-dollar($20.00) annual vehicle licensing fee to support JCTBD approved projects. REVIEWED BY: b 2,� Mark McCaul ounty Administrator Date STATE OF WASHINGTON COUNTY OF JEFFERSON TRANSPORTATION BENEFIT DISTRICT In the Matter of a Resolution Imposing a Sales and Use Tax of One-Tenth of One Percent RESOLUTION NO. within the Boundaries of the Jefferson County Transportation Benefit District for Unincorporated Jefferson County for the Purpose of Financing the Costs Associated with Transportation Improvements In the District as Authorized by RCW 36.73.065 and RCW 82.14.0455. WHEREAS, the Jefferson County Transportation Benefit District (JCTBD) for unincorporated Jefferson County was established by Jefferson County Board of Commissioners Ordinance No. 10-1216-24 on December 16, 2024, pursuant to Chapter 36.73, and codified as Chapter 3.90 of the Jefferson County Code; and WHEREAS, RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a sales and use tax, subject to the provisions of RCW 36.73.065 and RCW 82.14.0455; and WHEREAS,RCW 36.73.065(4)(a)(v)authorizes transportation benefit districts to impose sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one-tenth of one percent (0.1%) for a period ten (10) years upon a majority vote of the governing body of the district for the purpose of financing the transportation improvements of a district; and WHEREAS, RCW 82.14.055(1) requires that a local sale and use tax change may take effect(a)no sooner than seventy-five days after the department receives notice of the change and (b) only on the first day of January, April, or July; and WHEREAS, Jefferson County's Public Works Department has presented to the Jefferson County Board of Commissioners on multiple occasions,most recently on September 23,2024,and again on December 16,2024,regarding the need for additional funds necessary to maintain county roads; and WHEREAS, the JCTBD Board held a Special Meeting on Monday, January 6, 2025, and discussed funding options available under RCW 36.73; and WHEREAS, the JCTBD Board has carefully considered the financial needs required to maintain county roads and the imposition of a one-tenth of one percent (0.1%) sales and use tax, and has determined that the best interests of the district will be served by imposing this tax as authorized by RCW 36.73.065(4)(a)(v) and RCW 82.14.0455; NOW, THEREFORE, THE JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT,WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The JCTBD hereby adopts the above"Whereas" 1 of 4 clauses as Findings of Fact. Section 2.Imposition of Additional Sales and Use Tax.As authorized by RCW 36.73.065(4)(a)(v), as well as JCC 3.90.050, as written or hereafter amended, the additional one-tenth of one percent sales and use tax is hereby established. Section 3. Additional Sales and Use Tax: A. Pursuant to RCW 36.73.065 and RCW 82.14.0455, there is hereby imposed an additional sales and use tax to be collected from persons who are taxable by the state under Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the district. The amount of the additional tax shall be one-tenth of one percent (0.1%) of the selling price, in the case of the sales tax, or the value of the article used, in the case of the use tax. B. The tax imposed by this section shall apply for a period of ten (10) years from the date the tax is first collected within the district and shall thereafter cease to be imposed unless renewed with the affirmative vote of the voters voting at an election or a majority vote of the JCTBD Board exercising its authority as the governing body of the district. C. The tax imposed by this Section shall be in addition to any other taxes authorized by law, including but not limited to the sales and use taxes imposed under other sections of the Jefferson County Code. D. The revenues received from the tax imposed by this section shall be general revenues of the JCTBD and shall be used for those transportation-related purposes in accordance with RCW 36.73 and as set forth in Jefferson County Ordinance No. 10-1216-24 and JCC 3.90.060, as written or hereafter amended, or as otherwise authorized by law. E. The imposition of this tax shall remain authorized,and is not impacted by Jefferson County's decision to assume the JCTBD at any point in the future pursuant to RCW 36.74. Section 4. Duties of the Clerk and Finance Director. The JCTBD Clerk and the Finance Director are hereby instructed to submit this Resolution to the Washington State Department of Revenue and to request that the Department take all necessary steps to implement and collect the tax imposed by this resolution as soon as possible. Section 5. Severability. If any section, subsection, sentence,clause,or phrase of this resolution or its application to any person or circumstance is held invalid,the remainder of this resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. SEPA Categorical Exemption. This resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 7. Effective Date. This resolution shall take effect and be in full force immediately upon approval and adoption by the JCTBD Board, subject to implementation of the tax is subject to 2 of 4 RCW 82.14.055(1). (SIGNATURES FOLLOW ON THE NEXT PAGE) 3 of ADOPTED and APPROVED this day of , 2025. JEFFERSON COUNTY TRANSPORTATION SEAL: BENEFIT DISTRICT BOARD Heidi Eisenhour, Chair Greg Brotherton, Member Heather Dudley Nollette, Member ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney 4 of 4 STATE OF WASHINGTON COUNTY OF JEFFERSON TRANSPORTATION BENEFIT DISTRICT In the Matter of a Resolution Imposing an Annual Vehicle Fee within the Boundaries of the Jefferson RESOLUTION NO. County Transportation Benefit District for Unincorporated Jefferson County for the Purpose of Financing the Costs Associated with Transportation Improvements in the District as Authorized by RCW 36.73.065 and RCW 82.80.140. WHEREAS, the Jefferson County Transportation Benefit District (JCTBD) for unincorporated Jefferson County was established by Jefferson County Board of Commissioners Ordinance No. 10-1216-24 on December 16, 2024, pursuant to Chapter 36.73, and codified as Chapter 3.90 of the Jefferson County Code; and WHEREAS, RCW 36.73.040(3)(b) authorizes transportation benefit districts to impose a vehicle fee, subject to the provisions of RCW 36.73.065 and RCW 82.80.140; and WHEREAS, RCW 36.73.065(4)(a)(i)authorizes transportation benefit districts to impose, by majority vote of the governing body, a twenty dollar ($20.00) annual vehicle license fee as authorized in RCW 82.80.140; and WHEREAS, in accordance with RCW 82.80.140(4), the vehicle license fee may not be collected until six (6) months after approval of this action by the council; and WHEREAS, in accordance with RCW 82.80.140(5), the vehicle fee under this section applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the Department of Licensing; and WHEREAS, Jefferson County's Public Works Department has presented to the Jefferson County Board of Commissioners on multiple occasions,most recently on September 23,2024,and again on December 16,2024,regarding the need for additional funds necessary to maintain county roads; and WHEREAS, the JCTBD Board held a Special Meeting on Monday, January 6, 2025, and discussed funding options available under RCW 36.73; and WHEREAS, the JCTBD Board has carefully considered the financial needs required to maintain county roads and the imposition of the vehicle fee in the amount of twenty-dollars ($20.00), and has determined that the best interests of the district will be served by imposing this vehicle license fee as authorized by RCW 36.73.065(4)(a)(i) and RCW 82.80.140: NOW, THEREFORE, THE JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT,WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1 of 3 Section 1. Whereas Clauses are Findings of Fact. The JCTBD hereby adopts the above"Whereas" clauses as Findings of Fact. Section 2.Annual Vehicle License Fee Established.An annual vehicle license fee of twenty dollars ($20.00)is hereby established.As authorized by RCW 36.73.065(4)(a)(i),as well as JCC 3.90.050, as written or hereafter amended, shall hereby be collected by the Washington Department of Licensing on qualifying vehicles as set forth in RCW 82.80.140, as written or hereafter amended. Section 3. Revenue Restrictions: The revenues received from the twenty-dollar ($20.00) vehicle license fee shall only be expended on JCTBD projects approved by pursuant to Ordinance No. 10- 1216-24, and JCC 3.90.060, as written or hereafter amended, or as otherwise authorized by law. Section 4.Vehicle License Fee Collection Effective Date.The annual vehicle license fee shall take effect for notices mailed in 2025 for vehicle license renewals due on or after July 13, 2025, or as soon thereafter as the Washington Department of Licensing is reasonably able to incorporate collection of the $20.00 fee; but in no event shall the vehicle license fee be collected sooner than one hundred and eighty (180) days after approval of this resolution, pursuant to RCW 36.73.065 and RCW 82.80.140(4). The vehicle license fee shall be collected during the term of the existence of the JCTBD, including assumption by Jefferson County should that occur, and shall cease to be collected upon dissolution of the district. Section 5. Notice to the Department of Licensin. The JCTBD Clerk and Finance Director are hereby instructed to notify the Washington Department of Licensing(DOL) of the vehicle license fee established by this resolution and request that DOL take all steps necessary to implement collection of this fee in accordance with RCW 82.80.140. Section 6. Severability. If any section, subsection, sentence,clause, or phrase of this resolution or its application to any person or circumstance is held invalid,the remainder of this resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 7. SEPA Categorical Exemption. This resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 8. Effective Date. This resolution shall take effect and be in full force immediately upon approval and adoption by the JCTBD Board, with implementation of the vehicle fee subject to RCW 82.80.140 and Section 4 above. (SIGNATURES FOLLOW ON THE NEXT PAGE) 2of3 ADOPTED and APPROVED this day of , 2025. SEAL: JEFFERSON COUNTY TRANSPORTATION BENEFIT DISTRICT Heidi Eisenhour Chair Greg Brotherton Member Heather Dudley-Nollette Member ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney 3 of 3