HomeMy WebLinkAboutHEARING NOTICE re Assumption of TBD JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: January 27,2025
SUBJECT: HEARING NOTICE re: Assumption of the Jefferson County
Transportation District's Rights,Powers, Functions, and Obligations,
Hearing set for February 10,2025 at 11:00 a.m. in the Commissioners'
Chambers (HYBRID)
STATEMENT OF ISSUE:
Jefferson County approved Ordinance No. 10-1216-24 on December 16, 2024, establishing the Jefferson
County Transportation Benefit District(JCTBD) for unincorporated Jefferson County pursuant to Chapter
36.73.
ANALYSIS:
Any city or county that forms a TBD with the same boundaries as the city or county may absorb the
Transportation Benefit District(TBD) and assume all of its"rights, powers, functions, and obligations,"with
the result that the TBD ceases to exist as a separate legal entity (RCW 36.74).
The procedural steps for assumption are outlined in chapter 36.74 RCW. The BoCC must first hold a
public hearing according to the requirements of RCW 36.74.020 and RCW 36.74.030. If, after the
hearing,the BoCC determines that"public interest or welfare would be satisfied" by the assumption of
the JCTBD, it may pass an ordinance or resolution that abolishes the JCTBD governing body and vests
the county legislative authority with all the rights, powers, functions, and obligations that the JCTBD
governing body possessed.
Per MRSC, about 85%of the cities and towns that have established TBDs have also assumed their powers.
https://mrsc.org/explore-topics/finance/revenues/transportation-benefit-districts#assumption
Since no revenue has been collected yet, the process of assumption would be simplified by assuming prior to
any actual collection of revenue.
FISCAL IMPACT:
If the JCTBD is assumed by Jefferson County, separate meetings, agendas, and interlocal agreement with
Jefferson County for support staff services would no longer be necessary.
Approved by the Board of
1 Jefferson County ommissioners
Date: / 27
RECOMMENDATION:
Approve a public hearing notice for a public hearing on February 10, 2025 at 11:00 a.m.
REVIEWED BY:
- /j ;3 fJ
McCauley ark cCauley, ounty Administrator - 6 Date
2
Leader Legal Ads:
Please publish 2 times: January 29, 2025, and February 5, 2025
Contact Person: Adiel McKnight
Bill to: Board of County Commissioners
1820 Jefferson Street
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
Proposed Jefferson County Assumption of the
Jefferson County Transportation Benefit District (JCTBD)
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for MONDAY, February 10, 2025 at 11:00 a.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said
hearing is to be published in the official newspaper of Jefferson County.
Jefferson County approved Ordinance No. 10-1216-24 on December 16, 2024, establishing the Jefferson County
Transportation Benefit District(JCTBD)for unincorporated Jefferson County pursuant to Chapter 36.73.
Chapter 36.74 RCW allows the Jefferson County Board of Commissioners to assume the powers and
responsibilities of the JCTBD.Assuming those powers would eliminate the need for a separate entity,and no
longer require separate meetings,agendas, and an interlocal agreement for staff support services.
The information is available for viewing on the County website by visiting: www.co.jefferson.wa.us
and follow this pathway—Services—Laserfiche Web Portal (username and password is: public) -
Board of Commissioners—BOCC Agenda Packets—2025 Weekly Agenda Items—02 February
2025—021025 —HEARING re Assumption of TBD
You are welcome to participate in this hearing. You will need to join the meeting by 11:00 a.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to "raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON
In addition, written testimony is also invited beginning on January 27,2025 and ending on February 10,
2025 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written
public testimony may be submitted by Email to:jeffbocc@co.jefferson.wa.us You may view documents
and testimony received by visiting: www.co.jefferson.wa.us and following this pathway—Services—
Laserfiche Web Portal (username and password is: public)—Board of Commissioners—BOCC
Agenda Packets—2025 Weekly Agenda Items—02 February 2025 —0021025 —HEARING re
Assumption of TBD
You can also Mail your testimony to: Jefferson County Commissioners' Office; PO Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
. -ne" th&27a' da of January 2025.
' ERSON CO TY
BOARD OF COMMISSIONERS
/S/Heidi Eisenhour, Chair
STATE OF WASHINGTON
County of Jefferson
In the Matter of an Ordinance of Jefferson
County Board of Commissioners by which ORDINANCE NO.
Jefferson County Assumes the Rights,
Powers, Functions, and Obligations of the
Jefferson County Transportation Benefit
District and Amending Jefferson County
Code Chapter 3.90 Jefferson County
Transportation Benefit District
WHEREAS, pursuant to chapter 36.73 RCW, the Jefferson County Board of
Commissioners(BoCC)on December 16, 2024,adopted Ordinance No. 10-1216-24,and codified
in chapter 3.90 Jefferson County Code(JCC)creating the Jefferson County Transportation Benefit
District (JCTBD) for unincorporated Jefferson County with the same boundaries as Jefferson
County's jurisdictional limits; and
WHEREAS, RCW 36.74.010 authorizes any county in which a transportation benefit
district has been established pursuant to chapter 36.73 RCW, with boundaries coterminous with
the boundaries of the county, to assume the rights, powers, functions, and obligations of the
transportation benefit district; and
WHEREAS, on January 13, 2025,the BoCC adopted a Resolution expressing the county's
intent to conduct a public hearing to consider the proposed assumption of the rights, powers,
functions, and obligations of the JCTBD; and
WHEREAS, on January 27, 2025, the BoCC set a public hearing for February 10, 2025,
and notice of the hearing was published in The Jefferson County & Port Townsend Leader twice
in the two weeks prior to the scheduled hearing, on January 29, 2025, and February 5, 2025; and
WHEREAS, the BoCC held a public hearing on February 10, 2025, and took public
testimony from all interested parties on the assumption of the rights, powers, functions, and
obligations of the JCTBD; and
WHEREAS, after receiving testimony, the BoCC has considered whether the public
interest or welfare is satisfied by the county assuming the rights, powers, immunities, functions,
and obligations of the JCTBD, and the BoCC declared its intent and assume such rights, powers,
immunities, functions,and obligations through ordinance, providing that the county is vested with
every right, power, immunity, function, and obligation currently granted to or possessed by the
JCTBD; and
WHEREAS, the BoCC desires to continue the work and functions of the JCTBD as defined
in state law and Ordinance No. 10-1216-24 without the necessity of maintaining a separate entity;
and
WHEREAS, the county's assumption of rights, powers, functions, and obligations of the
JCTBD would provide for more effective and efficient administration of transportation
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maintenance and improvement funds previously authorized to be collected by the JCTBD; and
WHEREAS, on January 13, 2025, the JCTBD Board by a majority vote approved and
adopted Resolution No. 03-0113-25 imposing an a one-tenth of one percent sales and use tax
pursuant to RCW 36.73.065(4)(a)(v) and RCW 82.14.0455 and Resolution No. 04-0113-25
imposing an annual vehicle fee pursuant to RCW 36.73.065(4)(a)(1) and RCW 82.80.140; and
WHEREAS, the BoCC finds that the public interest and welfare would be satisfied by the
county assuming the rights, powers, functions, and obligations of the JCTBD;
NOW, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON, AS FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners
hereby adopts the above "Whereas"clauses as Findings of Fact supporting this ordinance.
Section 2. Assumption of JCTBD. Pursuant to Chapter 36.74 RCW, the BoCC hereby assumes all
the rights,powers,functions,and obligations of the JCTBD. The county is hereby vested with each
and every right, power, function, immunity, and obligation currently granted to or possessed by
the JCTBD as of the effective date of this ordinance. The rights,powers, functions,and obligations
previously exercised or performed by the governing body of the JCTBD are hereby assumed and
transferred to the BoCC.
Section 3. Amendment to JCC 3.90. Chapter 3.90 Jefferson County Code is amended in
substantially the same form as set forth in Attachment A.
Section 4. No Existing Right Impaired. Pursuant to RCW 36.74.040, this assumption does not
impair or alter any existing rights acquired by the JCTBD under chapter 37.73 RCW or any other
provision of law relating to transportation benefit districts,nor does this assumption impair or alter
any actions, activities, or proceedings validated thereunder; any civil or criminal proceedings
instituted thereunder; any rule, regulation, or order promulgated thereunder; and administrative
action taken thereunder; or the validity of any act performed by the JCTBD or division thereof or
any officer thereof prior to the assumption of such rights, powers, functions, and obligations by
the county as authorized under the law.
Section 7. Corrections. Notwithstanding any provisions to the contrary in chapter 1.01.110 JCC,
staff and the Code Revisor are authorized to update and incorporate changes adopted in the
Jefferson County Code. Staff and Code Revisor are further authorized to make non-substantive
edits relating to numbering, grammar, spelling, and formatting consistent with this ordinance.
Section 8. Severability. If any section, subsection, sentence, clause, phrase or section 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 9. SEPA Categorical Exemption. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
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Section 10. Effective Date.This ordinance shall take effect and be in full force immediately upon
adoption by the BoCC.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED this day of February, 2025.
JEFFERSON COUNTY BOARD OF
SEAL: COUNTY COMMISSIONERS
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
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ATTACHMENT A (REDLINE)
CHAPTER 3.90 JEFFERSON COUNTY CODE
ESTABLISHING A JEFFERSON COUNTY
TRANSPORTATION BENEFIT DISTRICT (JCTBD)
Sections:
3.90.010 Transportation benefit district established.
3.90.015 Assumption of the Transportation benefit district.
3.90.020 Governing body. .
3.90.030 Material change policy required.
3.90.040 Annual report required.
3.90.050 Powers of the district.
3.90.060 Use of funds.
3.90.070 Dissolution of the district.
3.90.080 Liberal construction.
3.90.010 Transportation benefit district established.
The Jefferson County Transportation Benefit District (JCTBD or district) with geographical
boundaries comprised of the unincorporated limits of Jefferson County, Washington is hereby
established.
3.90.015 Assumption of the Transportation benefit district.
Pursuant to chapter 36.74 RCW, from and after the effective date of this ordinance, Jefferson
County assumes all of the rights,powers, immunities, functions, and obligations of the Jefferson
County Transportation Benefit District (JCTBD)previously established in this chapter, and
Jefferson County is hereby vested with each and eve, right,power, immunity, function, and
obligation granted to or possessed by the JCTBD under chapter 37.73 RCW, this chapter, and
any other applicable law as of the effective date of this ordinance. The governing body of the
JCTBD is abolished and the rights,powers, immunities, functions and obligations previously
exercised or performed by the governing body of the JCTBD are vested in the Jefferson County
Board of County Commissioners (BoCC).
3.90.020 Governing body.
the authori♦., too a the statutory p of f rtl, ; „hapter 36 73 R W
Jefferson County Board of County Commissioners (BoCC) shall be vested with the authority
to exercise the statutory powers set forth in chapter 36.73 RCW and this chapter.
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3.90.030 Material change policy required.
36:734-60(+
The BoCC shall implement the material change policy previously adopted by the JCTBD that
addresses major plan changes that affect project delivery or other ability to finance the plan,
pursuant to the requirements set forth in RCW 36.73.160(1).
3.90.040 Annual report required.
The-geverning-boafd The BoCC shall issue an annual report,pursuant to the requirements of RCW
36.73.160(2).
3.90.050 Powers of the district.
1 Jefferson County, acting by and
through its Board of County Commissioners(BoCC),shall have and may exercise all of the powers
set out in chapter 36.73 RCW and this chapter to fulfill the purpose of the district.
(2)To carry out the purposes of chapter 36.73 RCW and this chapter,and subject to the provisions
of RCW 36.73.065, as enacted or subsequently amended, the district is authorized to impose the
taxes, fees, charges, and tolls set forth in RCW 36.73.040, as enacted or subsequently amended.
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.
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(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).
3.90.070 Dissolution of the district.
The transportation benefit district shall be dissolved when all indebtedness of the district has been
retired and when all of the anticipated responsibilities of the district have been satisfied.
3.90.080 Liberal construction.
As authorized under chapter 36.73 RCW, this chapter shall be liberally construed to permit the
accomplishment of its purposes.
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ATTACHMENT A (CLEAN)
CHAPTER 3.90 JEFFERSON COUNTY CODE
ESTABLISHING A JEFFERSON COUNTY
TRANSPORTATION BENEFIT DISTRICT (JCTBD)
Sections:
3.90.010 Transportation benefit district established.
3.90.015 Assumption of the Transportation benefit district.
3.90.020 Governing body.
3.90.030 Material change policy required.
3.90.040 Annual report required.
3.90.050 Powers of the district.
3.90.060 Use of funds.
3.90.070 Dissolution of the district.
3.90.080 Liberal construction.
3.90.010 Transportation benefit district established.
The Jefferson County Transportation Benefit District (JCTBD or district) with geographical
boundaries comprised of the unincorporated limits of Jefferson County, Washington is hereby
established.
3.90.015 Assumption of the Transportation benefit district.
Pursuant to chapter 36.74 RCW, from and after the effective date of this ordinance, Jefferson
County assumes all of the rights, powers, immunities, functions, and obligations of the Jefferson
County Transportation Benefit District(JCTBD)previously established in this chapter, and
Jefferson County is hereby vested with each and every right, power, immunity, function, and
obligation granted to or possessed by the JCTBD under chapter 37.73 RCW, this chapter,and
any other applicable law as of the effective date of this ordinance. The governing body of the
JCTBD is abolished and the rights, powers, immunities, functions and obligations previously
exercised or performed by the governing body of the JCTBD are vested in the Jefferson County
Board of County Commissioners(BoCC).
3.90.020 Governing body.
Jefferson County Board of County Commissioners(BoCC) shall be vested with the authority to
exercise the statutory powers set forth in chapter 36.73 RCW and this chapter.
3.90.030 Material change policy required.
The BoCC shall implement the material change policy previously adopted by the JCTBD that
addresses major plan changes that affect project delivery or other ability to finance the plan,
pursuant to the requirements set forth in RCW 36.73.160(1).
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3.90.040 Annual report required.
The BoCC shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
3.90.050 Powers of the district.
(1) Jefferson County,acting by and through its Board of County Commissioners(BoCC),shall
have and may exercise all of the powers set out in chapter 36.73 RCW and this chapter to
fulfill the purpose of the district.
(2) To carry out the purposes of chapter 36.73 RCW and this chapter, and subject to the
provisions of RCW 36.73.065, as enacted or subsequently amended, the district is
authorized to impose the taxes, fees, charges, and tolls set forth in RCW 36.73.040, as
enacted or subsequently amended.
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).
3.90.070 Dissolution of the district.
The transportation benefit district shall be dissolved when all indebtedness of the district has been
retired and when all of the anticipated responsibilities of the district have been satisfied.
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3.90.080 Liberal construction.
As authorized under chapter 36.73 RCW, this chapter shall be liberally construed to permit the
accomplishment of its purposes.
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