The town council finds it is in the public interest to help provide an adequate level of funding for transportation improvements through establishment of a transportation benefit district (TBD).
(Ord. 799 § 1, 2025)
The town, pursuant to RCW 35.21.225 and Chapter 36.73 RCW, hereby establishes and creates a TBD to be known and referred to as "Winthrop Transportation Benefit District" and "Winthrop TBD," subject to the following:
A.
General Authority. There is hereby created the Winthrop TBD with geographical boundaries comprised of the corporate limits of the town, as those boundaries may be adjusted in the future. Winthrop TBD shall be a quasimunicipal corporation and an independent taxing "authority" within the meaning of Article VII, Section 1 of the Washington State Constitution, and a "taxing district" within the meaning of Article VII, Section 2 of the Washington State Constitution. Winthrop TBD shall constitute a body corporate and possess all the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff and services, enter into contracts, to acquire, hold and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the town of Winthrop shall apply to Winthrop TBD.
B.
Powers and Operations.
1.
Winthrop TBD shall possess all of the powers of a transportation benefit district authorized pursuant to Chapter 36.73 RCW, including, without limitation, the power by subsequent resolution to establish and impose an annual vehicle fee in the amount of twenty dollars ($20.00) in accordance with RCW 36.73.065, as amended, and the power to impose and collect a sales and use tax in accordance with RCW 82.14.0455 and/or a vehicle fee in excess of twenty dollars ($20.00) up to one hundred dollars ($100.00) as allowed by RCW 82.80.140. The Winthrop TBD may impose an ad valorem tax pursuant to RCW 36.73.060, issue general obligation and/or revenue bonds in the manner and subject to the restrictions set forth in RCW 36.73.070 and form a local improvement district and impose assessments therefor, take those actions allowed and subject to the limitations of RCW 36.73.0810, contract for street and highway improvements and, for its operations, exercise the power of eminent domain in the same manner as authorized for the town and accept and use gifts and grants.
2.
Consistent with RCW 36.73.020(4), the secretary/treasurer of the Winthrop TBD shall be the town clerk-treasurer. As such, the town clerktreasurer shall establish those funds and accounts on behalf of the Winthrop TBD as required and shall disburse funds and pay claims as approved by the Winthrop TBD board and prepare and maintain such accounts as are appropriate and are required by state and federal law.
3.
The town attorney will serve as legal advisor to the Winthrop TBD board, except where separate counsel is engaged by the Winthrop TBD.
4.
Other town employees shall carry out the operations of the Winthrop TBD as agreed by Winthrop TBD and the town. Such employees and contracts of Winthrop TBD shall be overseen and administered by the mayor and/or their designee.
5.
Winthrop TBD may contract with the town for operations services and materials, office space and equipment, and to undertake and/or fund CFP projects undertaken jointly or by one entity or the other.
C.
Governing Board.
1.
Consistent with RCW 36.73.020(3), the governing board of the Winthrop TBD (the "Winthrop TBD board") shall be the members of the Winthrop town council acting in an independent capacity. The Winthrop TBD board shall also include a chairperson, who shall be the town's mayor and who shall have those duties, rights and obligations of a mayor.
2.
Meetings of the Winthrop TBD board shall be governed by the procedural rules applicable to meetings of the town council, as those rules may be amended by the town council from time to time. Winthrop TBD board action shall be taken by motion or resolution in the same manner and following the same procedure as for the adoption of town council resolutions. Meetings of the Winthrop TBD board shall, whenever possible, take place on the same date scheduled for the town council meetings. The Winthrop TBD board meeting shall comply with the state Open Public Meetings and Public Records Acts.
D.
Transportation Improvements Funded. The funds generated by the Winthrop TBD shall be used for the Winthrop TBD projects described in this chapter and/or allowed by state law.
E.
Annual Report to the Public. As required by RCW 36.73.160(2), as the same may be amended from time to time, Winthrop TBD shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues and construction schedules, to the public and to newspapers of record in Winthrop TBD.
(Ord. 799 § 2, 2025)