HomeMy WebLinkAbout01-0210-25 STATE OF WASHINGTON
County of Jefferson
In the Matter of an Ordinance of Jefferson
County Board of Commissioners by which ORDINANCE NO. 01-0210-25
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 fmds 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 1u—day of February, 2025.
FFERSON COUNTY BOARD OF
SEAL: IIIUNTY f OMMISSIONERS
..6ciiiiSS�oy0G14s H.rd r •., our, Chair
mii
Sri:" ..... ; � - -
• v " erton, Member
••y�� O
•� 141 d� . 6�L -I Lam,
t"114101"ley-Nollette, Member
ATTEST: APPROVED AS TO FORM:
k -Ica/kJ z ici Zs- 01 12rd2 u Of C 11awa
Carol Gallaway, CMC Date Philip C. unsucker, Date P v
Cler f the Board Chief Civil Deputy Prosecuting Attorney
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ADOPTED this I U may of February, 2025.
FFERSON COUNTY BOARD OF
SEAL: S UNTY OMMISSIONERS
,NMMMOMM. OFI'.eRSON ^► A
• Goff MISSio.• FA- di j our,Chair
p i e �►
-1 /� N J
erton, Member
\ ll'Aili 114:00, . krAt.. A_IT
:Mgr I ley-Nollette, Member
ATTEST: APPROVED AS TO FORM:
it, '2‘--C6AV 2 w 2S 0---;—(9p for
Carol Gallaway, CMC Date Philip C. Hunsuc er, Date 02/12/2025
Cle f 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. board and Trcasu-cr.
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.
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3.90.030 Material change policy required.
36.73.160(1).
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-governing-beard 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` The o g board of the transportation beneft district 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 fluids 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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Transportation Benefit
I ® . . 1 '.... y District Assumption
. February 10, 2025
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r�� srr s Presented by Mark McCauley
. , t . . ,:ro 'At, Jefferson County Administrator
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( 1 ) Benefits of Assumption
k, (2) Legal Authority
Agenda
Z0 (3) Process
to (4) Questions
February 10,2025 2
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Benefits of
Assumption
tiCIN C,
TRANSPORTATION BENEFIT DISTRICTS-ASSUMPTION BY COUNTY
Benefits of Assumption
• BoCC desires to continue the work and functions of the JCTBD
without the necessity of maintaining a separate entity;
• Efficient administration of transportation maintenance and
improvement funds authorized to be collected by the JCTBD;
• Removes need for interlocal agreement with county for support
services;
• Removes needs for separate meetings;
• About 85% of the cities and towns that have established TBDs
have also assumed their powers. MRSC - Transportation Benefit
Districts (TBDs)
February 10,2025 4
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(7.°°.......1.1.16‘,, "sau 414 4114 \\\°6*
Legal
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February 10,2025 5
TRANSPORTATION BENEFIT DISTRICTS-ASSUMPTION BY COUNTY
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�.5//i N i;AL
Authorized by Chapter 36.74 RCW
Chapter 36.74 RCW
TRANSPORTATION BENEFIT DISTRICTS—ASSUMPTION BY CITIES AND COUNTIES
Sections
HTML PDF 36.74.010 Assumption of rights,powers,functions,and obligations authorized.
HTML PDF 36.74.020 Ordinance or resolution of intention to assume rights, powers,functions,and obligations—Adoption--Publication—Hearing.
HTML PDF 36.74.030 Declaration of intention to assume—Abolition of city or county governing body—Transfer of rights, powers, immunities,functions,and
obligations to city or county.
HTML PDF 36.74.040 Existing rights,actions, proceedings,etc., not impaired or altered.
HTML PDF 36.74.050 Rules and regulations, pending business,contracts,obligations,validity of official acts.
HTML PDF 36.74.060 Reports, books, records, etc.—Funds,credits,assets—Appropriations or federal grants.
HTML PDF 36.74.070 Debts and obligations.
February 10, 2025 6
TRANSPORTATION BENEFIT DISTRICTS—ASSUMPTION BY COUNTY
• A 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 may by
ordinance or resolution of the county legislative authority assume the rights, powers, functions, and
obligations of the transportation benefit district.
• BoCC must follow procedural steps in RCW 36.74.020 and RCW 36.74.030 regarding statement
of intent to assume, public hearing, and publication.
• BoCC must find public interest or welfare would be satisfied by county assuming the rights,
powers, immunities, functions, and obligations of the transportation benefit district
• Upon assumption of the rights, powers, immunities, functions, and obligations of the transportation
benefit district by the county, the Jefferson County Transportation Benefit District (JCTBD) Board
must be abolished and the BoCC is vested with all rights, powers, immunities, functions, and
obligations otherwise vested by law in the governing board of the transportation benefit
district.
February 10,2025
QN
.45rN7
Process
\�I T
1 February 10,2025 8
TRANSPORTATION BENEFIT DISTRICTS-ASSUMPTION BY COUNTY
Step 1 : Intent, Notice, Hearing (RCW 36.74.020)
• BoCC Adopted Resolution of Intent to Assume on January 13, 2025
• BoCC Approved Hearing Notice on January 27, 2025
• Public Hearing Set for February 10, 2025 at 11 :00 a.m.
• Publication occurred twice on January 29, 2025, and February 5, 2025
• At the hearing , BoCC must consider the assumption of rights,
powers, functions, and obligations of the transportation benefit district
and hear those appearing and all protests and objections to it.
February 10, 2025
pN (.
TRANSPORTATION BENEFIT DISTRICTS-ASSUMPTION BY COUNTY
1
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Step 2 : Adopt Assumption Ordinance (RCW 36.74.030)
• BoCC determines whether the public interest or welfare would be
satisfied by the county assuming the rights, powers, immunities,
functions, and obligations of the transportation benefit district.
• BoCC assumes such rights, powers, immunities, functions, and
obligations by ordinance or resolution , providing that the county is
vested with every right, power, immunity, function , and obligation
currently granted to or possessed by the transportation benefit district.
• JCTBD Board must be abolished and the BoCC is vested with all
rights, powers, immunities, functions, and obligations otherwise vested
by law in the governing board of the transportation benefit district.
February 10,2025
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Questions ?
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: February 10,2025
SUBJECT: Ordinance of Jefferson County Board of Commissioners by which 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
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:
Chapter 36.74 RCW allows the Jefferson County Board of Commissioners (BoCC)to assume the powers
and responsibilities of the Transportation Benefit District. Assuming those powers would allow the BoCC 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. For example, assumption would eliminate the need for
separate meetings, agendas, and an ILA with Jefferson County for staff support services.
The procedural steps for assumption are outlined in chapter 36.74 RCW. The BoCC adopted a
resolution stating its intention to assume the TBD on January 13, 2025. On January 27, 2025, the BoCC
set a public hearing for Monday, February 10, 2025 at 11:00 a.m. The BoCC published notice of the
public hearing for two weeks preceding the public hearing on January 29, 2025, and February 5, 2025.
The BoCC must now hold a public hearing on the matter.
After the public hearing, the BoCC may consider an ordinance or resolution to assume the rights,
powers, functions, and responsibilities of the JCTBD. Lastly,the BoCC will need to amend chapter
3.90 of the Jefferson County Code (JCC)to update the governing body by removing references to the
Transportation Benefit District Board, and clarifying that those powers have been assumed by, and
vested in, the BoCC.
FISCAL IMPACT:
If Jefferson County assumes the JCTBD, an interlocal agreement with Jefferson County would no longer be
1
necessary, as JCTBD matters would be handled directly by the BoCC. Since no funding has actually been
collected yet,there is little to no impact on staff resources at this time.
RECOMMENDATION:
Move to approve the proposed ordinance assuming the JCTBD's Rights, Powers, Immunities, Functions,
and Obligations and amending Chapter 3.90 JCC accordingly.
REVIEWED BY:
- //Mark McCaul ounty Administrator Date
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