Ordinance 23-018 Formation of a Transportation Benefit DistrictCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-OI8
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING THE SPOKANE VALLEY MUNICIPAL CODE TO ENACT A
NEW CHAPTER 3.85, SPOKANE VALLEY TRANSPORTATION BENEFIT DISTRICT;
ESTABLISHING A TRANSPORTATION BENEFIT DISTRICT; ESTABLISHING THE
BOUNDARIES OF THE TRANSPORTATION BENEFIT DISTRICT; AND SPECIFYING
THE IMPROVEMENT, MAINTENANCE AND PRESERVATION OF THE CITY
TRANSPORTATION SYSTEM.
WHEREAS, the City Council (the "City Council" or "Council") of the City of Spokane Valley,
Spokane County, Washington (the "City") has the responsibility under the Constitution of the State of
Washington for the construction, improvement, maintenance, protection and operation of public ways
within the corporate limits of the City; and
WHEREAS, the improvement, maintenance, protection and operation of public ways requires
maintaining and preserving existing transportation improvements to avoid gradual deterioration or
catastrophic failure of the improvements which would require significant additional funds to reconstruct;
and
WHEREAS, the City has limited transportation funding to pay for necessary transportation
improvement, preservation, maintenance, and reduction of congestion on its streets; and
WHEREAS, while the City has limited funding, ongoing annual costs to preserve and maintain
the City's transportation system infrastructure continue to rise leaving the City unable to continue to
adequately preserve and maintain the City's transportation system infrastructure; and
WHEREAS, chapter 36.73 RCW provides for the establishment of transportation benefit districts
and for the levying of additional revenue sources for transportation improvements within the district that
are consistent with state, regional, and local transportation plans and necessitated by existing or reasonably
foreseeable congestion levels; and
WHEREAS, RCW 35.21.225 authorizes the City Council to establish a transportation benefit
district subject to the provisions of chapter 36.73 RCW; and
WHEREAS, prior to establishing a transportation benefit district, the City Council shall conduct
a public hearing upon proper notice, which shall describe the functions and purposes of the proposed
transportation benefit district; and
WHEREAS, the City Council desires to form a transportation benefit district which includes the
entire jurisdictional boundaries of the City of Spokane Valley (the "Spokane Valley Transportation Benefit
District"), as the boundaries currently exist or as they may exist following future annexations; and
WHEREAS, the City provided notice of and conducted the public hearing on October 17, 2023,
regarding the proposed establishment of the Spokane Valley Transportation Benefit District in accordance
with RCW 36.73.050. All persons desiring to comment were given a full and complete opportunity to be
heard; and
WHEREAS, the City Council hereby finds it to be in the best interests of the City to establish the
Spokane Valley Transportation Benefit District for the preservation and maintenance of the City's
transportation system infrastructure consistent with chapter 36.73 RCW to protect the City's long-term
investments in that infrastructure, to reduce the risk of transportation facility failures and improve safety,
to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure
replacements in the future;
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose; Findings. The purpose of this Ordinance is to establish a transportation
benefit district pursuant to RCW 35.21.225 and chapter 36.73 RCW. The City Council hereby finds it is in
the public interest to provide adequate levels of funding for the purposes of ongoing transportation
improvements that preserve, maintain and as appropriate construct or reconstruct the transportation
infrastructure of the City, by forming a transportation benefit district consistent with chapter 36.73 RCW.
Section 2. Adoption of Chapter. Spokane Valley Municipal Code Chapter 3.85 is hereby
enacted to be entitled "Spokane Valley Transportation Benefit District", to read as follows:
Chapter 3.85
SPOKANE VALLEY TRANSPORTATION BENEFIT DISTRICT
3.85.010 Establishing Transportation Benefit District.
There is hereby created a transportation benefit district to be known as the "Spokane Valley Transportation
Benefit District" (hereinafter referred to as the "district") with geographical boundaries comprised of the
corporate limits of the City as they currently exist or as they may exist following future annexations.
3.85.020 Governing Board.
A. The governing board or "board" of the district shall be the Spokane Valley City Council acting in an ex
officio and independent capacity, which shall have the authority to exercise the statutory powers set forth
in chapter 36.73 RCW.
B. The treasurer of the district shall be the City Finance Director.
C. The district board shall develop a material change policy to address major plan changes that affect
project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW
36.73.160(1). The policy will, at a minimurn, address material changes to cost, scope, and schedule, the
level of change that will require board involvement, and how the board will address those changes. In the
event that a transportation improvement cost exceeds its original cost by more than twenty percent as
identified in the district's original finance plan, the board shall hold a public hearing to solicit comment
from the public regarding how the cost change should be resolved.
D. The district shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).
3.85.030 Functions of the District.
A. The district board shall have the authority to establish fees, taxes and other revenue sources in
accordance with chapter 36.73 RCW, including but not limited to RCW 36.73.040, RCW 36.73.060 and
RCW 36.73.065,
B. The district board may authorize an annual vehicle fee as provided for by RCW 82.80.140.
C. Any expansion of the authorized purposes of the district shall be undertaken only after notice, hearing
and adoption of an ordinance in accordance with RCW 36.73.050.
ra
D. When authorized by the voters pursuant to the requirements of chapter 36.73 RCW, other taxes, fees,
charges and tolls or increases in these revenue services may be assessed for the construction, preservation,
maintenance and operations of City streets.
E. The district board shall have all powers and functions provided for by state law, including but not limited
to chapter 36.73 RCW, as it now exists or is hereafter amended, to fulfill the purposes of the district.
3.85.040 Transportation Improvements Funded.
The funds generated by the district shall be used for any purpose allowed by law including to make
transportation improvements that are consistent with state, regional and local transportation plans and
transportation improvements that construct, preserve, maintain and operate the existing and future
transportation infrastructure of the City, consistent with the requirements of chapter 36.73 RCW, as it now
exists or is hereinafter amended. The funds may be utilized for any lawful purpose under this chapter; but
all fiends raised through the district shall be expended only for such construction, preservation, maintenance,
and operation in accordance with the provisions of chapter 36.73 RCW, as the same exists or is hereafter
amended. The funds expended by the district shall preserve, maintain, and operate the City's transportation
infrastructure, reduce the risk of transportation facility failure, improve safety, continue the cost-
effectiveness of the City's infrastructure investments, and continue the optimal performance of the
transportation system. Additional transportation improvement projects may be funded only after
compliance with the provisions of RCW 36.73.050(b) following notice, public hearing, and enactment of
an authorizing ordinance.
3.85.050 Dissolution of District.
The district shall be dissolved when all transportation improvements associated with the construction,
operation, preservation, and maintenance of the City's transportation improvements, facilities, functions,
and activities have been completed; all indebtedness of the district created to accomplish the improvements
has been retired; and when all of the district's anticipated responsibilities have been satisfied.
In addition to the automatic dissolution of the district as set forth above, the board reserves the right to
cause the dissolution of the district for any legal reason, including if a regional transportation benefit district
with a funding mechanism is formed pursuant to an interlocal agreement as permitted in chapter 36.73
RCW.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or
regulation, such decision or preemption shall not affect the validity of the remaining portions of this
Ordinance or its application to other persons or circumstances.
3
Section 4. Effective Date, This Ordinance shall be in frill force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this 24"' day of October, 2023.
A'TES T:
Marci .. Piterson, .. City . . Clerk
APPROVED AS TO FORM:
6f '�ec of the City Attorney
Date Of PUblica is 11: 2-1
Effective C 4,0 4-o
CITY OF SPOKANE VALLEY, WASHINGTON
............. ......................
Pain Haley, Mayor
4