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CITY COUNCIL 345 6 1 Street, Suite 600, Bremerton, WA 98337 1:1 Phone (360) 473 -5280
JULY 6, 2011
SPECIAL MEETING OF THE
BREMERTON TRANSPORTATION BENEFIT DISTRICT BOARD
IN THE FIRST FLOOR CHAMBERS
Immediately following the 5:30 PM City Council Meeting
A. CALL TO ORDER
B. PUBLIC HEARING
1. Approve Bremerton TBD Resolution No. 004 authorizing a $20.00 Annual Vehicle Fee for
the purpose of funding Transportation Improvements
C. ADJOURNMENT OF BREMERTON TBD BOARD MEETING
® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the TBD Board meeting.
Move to approve Bremerton TBD Resolution 004, authorizing a $20.00 Annual Vehicle
Fee for the purpose of funding Transportation Improvements, and further authorize the
fee to be collected for a term of 6 years from date of implementation or as otherwise
extended subject to an amendment to Chapter 11.25 BMC by the City Council and to the
District Charter by the District Board to extend the term, otherwise for a term as currently
limited in Chapter 11.25 BMC and the District Charter.
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Move to amend TBD Resolution No. 004 to authorize a $15.00 vehicle license
fee pursuant to RCW 36.73.065, subject to the Bremerton City Council
committing 2012 Real Estate Excise Tax Revenue over the amount needed for
debt service and current grant matching, to the Street Division for the purchase
of supplies and materials for street capital improvements.
RESOLUTION NO. Do 4
A RESOLUTION of the Bremerton Transportation
Benefit District authorizing a twenty - dollar ($20.00) vehicle
license fee pursuant to RCW 36.73.065.
WHEREAS, Chapter 36.73 RCW and RCW 35.21.225 authorize the City of
Bremerton City Council to establish a transportation benefit district within the City's jurisdiction
for the purpose of acquiring, constructing, improving, providing, and funding transportation
improvements within the district that are consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and
WHEREAS, the City Council of the City of Bremerton found it to be in the best
interests of the City to establish a citywide Transportation Benefit District consistent with
Chapter 36.73 RCW, for transportation improvements that improve modal connectivity and for
the preservation and maintenance of the City's transportation infrastructure, to reduce the risk of
transportation facility failure, to improve safety, to continue optimal performance of the
infrastructure over time, to avoid more expensive infrastructure replacements in the future and to
implement the City's transportation improvement plan; and
WHEREAS, in Ordinance No. 5076, the City Council of the City of Bremerton
established a Transportation Benefit District as authorized by RCW 35.21.225 and subject to the
provisions of RCW 36.73; and
WHEREAS, the Transportation Benefit District includes the entire City of
Bremerton as the boundaries currently exist or as are expanded upon annexation; and
WHEREAS, pursuant to RCW 36.73.030(3), the members of the City Council,
acting ex officio and independently, constitute the governing body of the Transportation Benefit
District; and
WHEREAS, RCW 36.73.065 authorizes a transportation benefit district to
impose, by majority vote of the district's governing board, up to a twenty- dollar ($20.00) vehicle
fee authorized in RCW 82.80.140; and
WHEREAS, the Board of the Bremerton Transportation Benefit District finds it to
be in the best interest of the District to establish an annual vehicle fee in the amount of twenty-
dollars ($20.00) for the purpose of making transportation improvements that preserve, maintain
and improve the transportation infrastructure of the City of Bremerton, consistent with Chapter
36.73 RCW; and
WHEREAS, the Board of the City of Bremerton Transportation Benefit District
has determined that fee collection shall be initiated as soon as the Washington Department of
Licensing has its collection system in place, however, vehicle license fees will not be collected
sooner than six months after approval as provided in RCW 82.80.140; and
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Vehicle License Fee
WHEREAS, the Board of the Bremerton Transportation Benefit District held a
public hearing on July 6, 2011 to solicit public comment regarding the proposed vehicle fee and
the projects to be funded; NOW THEREFORE,
THE BOARD OF THE BREMERTON TRANSPORTATION BENEFIT
DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Establishment of Annual Vehicle Fee. An annual vehicle license
fee in the amount of twenty - dollars ($20.00) is hereby established, consistent with RCW
36.73.065, to be collected by the Washington Department of Licensing on qualifying vehicles as
set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW.
SECTION 2. Effective Date of Fee Collection. The vehicle license fee
established in this Resolution shall take effect as soon as the Washington Department of
Licensing (DOL) is reasonably able to incorporate collection of the twenty - dollar ($20.00)
vehicle license fee. Vehicle license fees will not be collected sooner than six months after
approval as provided in RCW 82.80.140. The City Clerk is requested to notify DOL of the
vehicle license fee and to request DOL to take all necessary steps to implement collection of this
fee in accordance with RCW 82.80.140.
SECTION 3. Transportation Improvements Funded. The funds collected
from the vehicle license fee shall be used for transportation improvements that preserve and
maintain the transportation infrastructure of the City consistent with the requirements of Chapter
36.73 RCW. The funds shall be used primarily for improvements to preserve and maintain the
City's previous investments in the transportation infrastructure, reduce the risk of transportation
facility failure, improve safety, continue the cost - effectiveness of the City's infrastructure
investments, continue the optimal performance of the transportation system, and make other
related improvements as authorized by Chapter 36.73 RCW.
SECTION4. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION S. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the Bremerton Transportation Benefit District the day of ,
2011.
NICK WOFFORD, TBD President
Approved this day of 9 2011
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Vehicle License Fee
ATTEST: APPROVED AS TO FORM:
TBD TREASURER ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2011
EFFECTIVE the day of , 2011
ORDINANCE NO.
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Vehicle License Fee
CHARTER
of the
BREMERTON TRANSPORTATION BENEFIT DISTRICT
EXHIBIT A
TABLE OF CONTENTS
Page
ARTICLEI NAME ........................................................................ ..............................1
Section1.01 Name ............................................................................. ..............................1
ARTICLE II NATURE AND PURPOSES ..................................... ..............................1
1. Section 2.01 Nature of the District .................................................... ..............................1
Section2.02 Purposes ......................................................................... ..............................1
Section 2.03 Limitations on Liability ................................................ ..............................2
Section 2.04 Mandatory Disclaimers ................................................. ..............................2
ARTICLEIII DISSOLUTION ......................................................... ..............................2
Section3.01 Dissolution .................................................................... ..............................2
ARTICLE IV POWERS; INDEMNIFICATION ............................. ..............................3
Section4.01 Powers ............................................................................ ..............................3
Section4.02 Indemnifcation .............................................................. ..............................3
ARTICLE V BOARD OF DIRECTORS; EXECUTIVE DIRECTOR ..........................4
Section5.01 Board Powers ................................................................. ..............................4
Section 5.02 Board Composition ........................................................ ..............................4
Section5.03 Board Officers ................................................................ ..............................4
Section5.04 Treasurer ........................................................................ ..............................4
Section 5.05 Conflict of Interest ......................................................... ..............................4
Section5.06 Attorney ......................................................................... ..............................4
ARTICLEVI MEETINGS ................................................................ ..............................5
Section6.01 Board Meetings .............................................................. ..............................5
Section 6.02 Board Quorum and Concurrence ................................... ..............................5
Section 6.03 Open Public Meetings .................................................... ..............................5
Section6.04 Minutes .......................................................................... ..............................5
Section 6.05 Material Change Policy and Annual Report .................. ..............................5
ARTICLEVII BYLAWS ................................................................... ..............................6
Section7.01 Bylaws ........................................................................... ..............................6
ARTICLE VIII AMENDMENT TO CHARTER ................................ ..............................6
Section 8.01 Proposals to Amend Charter ......................................... ..............................6
Section 8.02 Board Consideration of Proposed Amendments ........... ..............................6
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Section 8.03 Vote Required for Proposals to Amend the Charter ...... ..............................6
Section 8.04 Public Hearings ............................................................. ..............................6
ARTICLE IX COMMENCEMENT .................................................. ..............................6
Section 9.01 Commencement ............................................................. ..............................6
ARTICLE X MISCELLANEOUS ................................................... ..............................7
Section 10.01 Liberal Construction and Severability ........................ ..............................7
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CHARTER
of the
BREMERTON TRANSPORTATION BENEFIT DISTRICT
WHEREAS, the City Council (the "Council ") of the City of Bremerton, Washington (the
"City ") has determined that it is in the best interests of the City and its citizens to create a
Transportation Benefit District coextensive with the boundaries of the City in order to exercise
the powers available under Chapter 36.73 RCW (the "Statute "); and
WHEREAS, pursuant to Ordinance No. 5076 of the City (the "Ordinance "), passed on
February 4, 2009, the City authorized and approved the creation of a Transportation Benefit
District, designated as the Bremerton Transportation Benefit District (the "District"), coextensive
with the boundaries of the City, for the purpose of exercising certain powers available under the
Statute as limited by the ordinance, codified as Chapter 11.25 of the Bremerton City Code;
NOW, THEREFORE, this Charter is hereby granted to and approved by the District.
ARTICLE I
NAME
Section 1.01 Name The name of the Transportation Benefit District shall be the
"Bremerton Transportation Benefit District."
ARTICLE II
NATURE AND PURPOSES
Section 2.01 Nature of the District The District shall be a Transportation Benefit
District organized pursuant to Chapter 36.73, Ordinance No. 5076 and Chapter 11.25 BMC. The
boundaries of the District shall be coextensive with the boundaries of the City. The District shall
be a municipal corporation, an independent taxing "authority" within the meaning of Article VII,
Section I of the Constitution of the State of Washington (the "Constitution "), and a "taxing
district" within the meaning of Article VII, Section 2 of the Constitution. The District shall be an
entity independent of and separate from the City.
Section 2.02 Purposes The purpose of the District shall be to provide a separate legal
entity pursuant to Statute and Ordinance to exercise the powers available under the Statute, to,
but only to the extent authorized by the Ordinance. The primary purpose of the District shall be
the acquisition, construction, improvement, provision and /or funding of the maintenance of City
streets and related infrastructure in a manner which is:
2.02.01 Consistent with state, regional, and local transportation plans;
2.02.02 Necessitated by reasonably foreseeable congestion levels
attributable to economic growth; and
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2.02.03 Funded by local government or private developer contributions or
any combination thereof.
Section 2.03 Limitations on Liability All debts, liabilities and other obligations
incurred by the District ( "Obligations ") shall be satisfied: (a) in the case of Obligations which, by
their terms, are not payable from a special or limited source of funds, exclusively from the
revenues, assets and properties of the District, and (b) in the case of Obligations which, by their
terms, are payable from a special or limited source of funds, exclusively from such revenues,
assets and properties of the District as shall be specifically pledged thereto or otherwise
identified as being the source of payment thereof. No creditor, claimant or other person shall
have any right of action against or recourse to the City or its revenues, assets or properties on
account of or with respect to any such Obligations, or otherwise on account of or with respect to
any acts or omissions of the District or its officers, employees or agents.
Section 2.04 Mandatory Disclaimers A disclaimer in substantially the following form
shall be posted in a prominent place accessible to the public in the District's principal office
which shall be the Bremerton City Hall. It shall also be printed or stamped on all contracts,
bonds and other documents that evidence or create any Obligation which, by its terms, is not
payable from a special or limited source of funds.
The Bremerton Transportation Benefit District is a Transportation Benefit District
established pursuant to Ordinance No. 5076 of the City of Bremerton,
Washington, and the laws of the State of Washington, including, but not limited
to, Chapter 36.73 of the Revised Code of Washington. All debts, liabilities and
other obligations incurred by the District shall be satisfied exclusively from the
revenues, assets and properties of the District. No creditor, claimant or other
person shall have any right of action against or recourse to the City of Bremerton,
the State of Washington, or any other political subdivision of the State of
Washington on account of or with respect to any debts, liabilities or other
obligations of the District, or otherwise on account of or with respect to any acts
or omissions of the District or its officers, employees or agents.
ARTICLE III
DISSOLUTION
Section 3.01 Dissolution The District shall exist until dissolved in accordance with the
requirements of RCW 36.73.050 and BMC 11.25. The retirement of debt, notice of dissolution
and payment of creditors shall all comply with the provisions of the Statute. The District shall be
automatically dissolved when all indebtedness of the District has been retired, and when all the
District's anticipated responsibilities have been satisfied. Street preservation, maintenance and
operations are ongoing, long -term obligations of the City. In order to comply with the
dissolution requirements of RCW 36.73.050, BMC 11.25.050 sets forth that the District shall
automatically dissolve six (6) years from th —e eefive date of Or-dinaflee 507-6 date of
implementation of collection, by the Washington Department of Licensing of a vehicle license
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fee pursuant to RCW 36.73.065(4)(a)(i), authorized by the Board of the District on July 6. 2011
by Resolution No.
ARTICLE IV
POWERS; INDEMNIFICATION
Section 4.01 Powers Except as otherwise provided herein, the District shall have and
may exercise all lawful powers conferred upon a Transportation Benefit District as of the date
hereof by the laws of the State of Washington, limited as provided in the Ordinance. Such
powers shall include, but are not limited to, the following:
(a) To hire employees, staff, and services, to enter into contracts, to direct
agents and services acquired pursuant to contract or interlocal agreement, and to sue and be sued.
Public works contract limits applicable to the City of Bremerton shall apply to any contract
entered into by the District. In the event that City staff are utilized, the general fund of the City
shall be reimbursed to, but only to the extent required by RCW 43.09.210. The annual plan of
the District shall provide estimates of all such charges and the final cost of all projects shall
indicate such charges.
(b) To authorize a vehicle tax of up to $20 per vehicle as provided for by
RCW 82.80.140.
(c) When authorized by the voters pursuant to the requirements of Chapter
36.73, to authorize other taxes, fees, charges and tolls or increases in these revenue sources, and
to use such funds assessed for the preservation, maintenance and operation of City streets in
accordance with the provisions of a state or regional plan.
(d) The Board shall have and may exercise all powers and functions provided
by the Statute to fulfill the functions of the District.
(e) Additional powers and authorities may be conferred upon the District only
in accordance with the requirements of the Statute following a public hearing and other
procedural requirements as set forth in the Statute.
(f) To issue its general obligation bonds and revenue bonds pursuant to the
requirements of the Statute.
Section 4.02 Indemnification To the extent permitted by law, the District shall protect,
defend, hold harmless and indemnify any director, officer, employee or agent of the District who
is a party or threatened to be made a party to a proceeding by reason related to that person's
conduct as a director, officer, employee or agent of the District, against judgments, fines,
penalties, settlements and reasonable expenses (including reasonable attorneys' fees) incurred by
him or her in connection with such proceeding, if such person acted in good faith reasonably
believed his or her conduct to be in the District's best interests and if, in the case of any criminal
proceedings, he or she had no reasonable cause to believe that his or her conduct was unlawful.
The indemnification and protection provided herein shall not be deemed exclusive of any other
rights to which a person may be entitled as a matter of law, by City ordinance, or by contract or
by vote of the Board of Directors. The District may purchase and maintain appropriate insurance
covering such risks.
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ARTICLE V
BOARD OF DIRECTORS, EXECUTIVE DIRECTOR
Section 5.01 Board Powers All powers of the District shall be exercised by or in the
name of the Board of Directors (the "Board "). The powers of the Board shall include, but are not
limited to, the following:
(a) To establish and implement the policies and programs of the District, and
the procedures for the management and administration of the District's affairs;
(b) To appoint and remove, at the pleasure of the Board, the District's officers,
agents and employees, (except as expressly provided herein) and to prescribe their respective
powers and duties consistent with the provisions hereof;
(c) To borrow money and incur indebtedness in accordance with the Statute;
and
(d) To provide for the investment of the District's funds.
Section 5.02 Board Composition The Board shall be composed of the nine (9) members
of the Bremerton City Council, who shall serve in an ex- officio and independent capacity. A
Board member may be removed only when removed from his or her office as a Council Member.
Any vacancy shall be filled only by the appointment or election of a new City Council Member.
Section 5.03 Board Officers The Board shall include two or more officers. The same
person shall not occupy both the office of President and any office responsible for the custody of
funds and maintenance of finances and accounts. The initial officers of the Board shall be the
President and Vice President. Additional officers may be provided for in the Bylaws of the
District. The President shall be the agent of the District for purposes of receiving service of
process; provided, that the Bylaws may designate additional officers of the District as agents to
receive or initiate process. The District may contract with the City of Bremerton for such service
as it may require.
Section 5.04 Treasurer The Treasurer of the District shall be the City's Financial
Services Director.
The Financial Services Director is required by the Statute to serve as Treasurer and is not
subject to removal by the Board.
Section 5.05 Conflict of Interest Board members shall comply in all respects with the
conflict of interest guidelines and prohibitions of Chapter 42.23 RCW as the same exists or is
hereafter amended.
Section 5.06 Attorney The Board shall be represented by the City Attorney of the City
of Bremerton, provided, however, that the Board may, in the event of conflict, engage separate
legal counsel of its choosing. Any potential conflicts of interest involving the City Attorney
shall be determined and resolved by reference to Title 1 of the Rules of Professional Conduct, as
that Title now exists or may be amended. Charges and fees of the attorney, as well as other
services provided by City employees, shall be reimbursed in accordance with Section 4.01(a).
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ARTICLE VI
MEETINGS
Section 6.01 Board Meetings Regular Board meetings shall be held on the first
Tuesday of February and the first Tuesday of August of each year. Special Board meetings shall
be held from time to time as determined necessary by the Board or Board President.
Section 6.02 Board Quorum and Concurrence A quorum to commence a Board
meeting shall be no fewer than five (5) members. The Bylaws of the District may prescribe
Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section.
Board concurrence may be obtained at any regular or special meeting by an affirmative vote of a
majority of the Board members voting on the issue. Final action of the Board with respect to the
following action shall require the affirmative vote of five (5) members:
(a) Adoption of an annual plan for services;
(b) Levy of any tax, charge or fee;
(c) Adoption of the material change policy; or
(d) Any response to a material change.
Voting by proxy shall not be permitted. Electronic meetings or participation are
authorized so long as the meeting, notice and opportunity for public participation comply with
state law.
Section 6.03 Open Public Meetings Notice of meetings shall be given in a manner
consistent with the Open Public Meetings Act, Laws of Washington 1971, Extraordinary
Session, Chapter 250, codified as Chapter 42.30 of the Revised Code of Washington, as
supplemented and amended. In addition, the District shall provide reasonable notice of meetings
to any individual specifically requesting it in writing. The District shall define in its Bylaws the
opportunity for public comment to be permitted at Board meetings.
Section 6.04 Minutes Copies of the minutes of all regular or special meetings of the
Board shall be available to any person or organization that requests them as required by State
law. The minutes of all Board meetings shall include a record of individual votes on all matters
requiring Board concurrence.
Section 6.05 Material Change Policy and Annual Report The Board shall develop a
material change policy to address major Plan changes that affect project delivery or the ability to
finance the adopted Plan. At the date of adoption of a plan to execute the functions of the
District, the Board shall adopt a material change plan which addresses material changes to cost,
scope, and schedule, the level of change that will require Board involvement and how the Board
will address those changes. At a minimum, in the event that a transportation improvement cost
exceeds its original cost estimate by more than twenty percent (20 %) as identified in the
District's original finance plan, the governing body shall hold a public hearing to solicit
comment from the public regarding how the cost change should be resolved. In addition, the
District, upon approval by the Board, shall issue an annual report, indicating the status of
transportation improvement costs, transportation improved expenditures, revenues, and
construction schedules, to the public and the newspapers of record in the District (the "Plan ").
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"Newspapers of record in the District" shall include all newspapers which have filed a request
for public notice of meetings with the City of Bremerton.
ARTICLE VII
BYLAWS
Section 7.01 Bylaws The Board shall adopt Bylaws to provide additional rules that are
not inconsistent with this Charter, governing the District and its activities.
ARTICLE VIII
AMENDMENT TO CHARTER
Section 8.01 Proposals to Amend Charter Any Board member may introduce a
proposal to amend the Charter at any regular meeting or special meeting of the Board, provided,
however, that all amendments shall comply with the minimum requirements and provisions of
RCW 36.73 and Chapter 11.25 BMC.
Section 8.02 Board Consideration of Proposed Amendments If notice of a proposal to
amend the Charter and information, including the text of the proposed amendment and a
statement of its purpose and effect, is provided to members of the Board fifteen (15) days prior to
any regular Board meeting or any special meeting of which thirty (30) days advance notice has
been given, then the Board may vote on the proposal at the same meeting at which the proposal
is introduced. If such notice and information is not so provided, the Board may not vote on the
proposal until the next regular meeting or a special meeting of which thirty (30) days advance
notice has been given, and in each case at least fifteen (15) days prior to which meeting such
notice and information is provided to Board members. Amendments to the proposal within the
scope of the original proposal will be permitted at the meeting at which the vote is taken.
Section 8.03 Vote Required for Proposals to Amend the Charter Resolutions of the
Board approving proposals to amend the Charter shall require an affirmative vote of a majority
of the Board members voting on the issue; provided, that the total number of Board members
voting on any such proposal shall equal at least five (5).
Section 8.04 Public Hearinss Certain amendments of the Charter may require action of
the Bremerton City Council and a public hearing pursuant to the requirements of the Statute. No
consideration of any charter amendment may occur until the City complies with such
requirements.
ARTICLE IX
COMMENCEMENT
Section 9.01 Commencement The District shall commence its existence effective upon
the adoption of the Ordinance. This Charter shall become effective upon its approval by the
Board.
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ARTICLE X
MISCELLANEOUS
Section 10.01 Liberal Construction and Severability This Charter shall be liberally
construed in order to effect its purposes. If any section or part of this Charter is ultimately ruled
invalid or illegal by a court of competent jurisdiction, such invalidity or illegality shall not affect
the remaining sections or parts of this Charter.
THIS AMENDED CHARTER IS EXECUTED AS OF THIS DAY OF
, 2011.
BREMERTON TRANSPORTATION
BENEFIT DISTRICT
By:
Its: President
ATTEST /AUTHENTICATED
CAROL ETGEN, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
ROGER A. LUBOVICH, City Attorney
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