HomeMy WebLinkAbout4816 Ordinance Amending PMC - Establishing Transportation Benefit District
Ordinance – Creating Chapter 3.270 - TBD - 1
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ORDINANCE NO. 4816
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE TO ENACT A NEW CHAPTER
3.270 PASCO TRANSPORTATION BENEFIT DISTRICT, ESTABLISHING A
TRANSPORTATION BENEFIT DISTRICT, SPECIFYING THE BOUNDARIES
FOR THE TRANSPORTATION BENEFIT DISTRICT, PAVEMENT
MAINTENANCE & RECONSTRUCTION, STREET AND TRAFFIC
MAINTENANCE AND OPERATIONS, AND OTHER TRANSPORTATION
RELATED CAPITAL PROJECTS; PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pasco has the responsibility under the
Constitution of the State of Washington for the improvement, maintenance, protection, and
operation of public ways within the corporate limits of the City pursuant to RCW 35A.11.020 and
Chapter 35A.47 RCW; and
WHEREAS, the City has limited transportation funding to pay for necessary pavement
maintenance & reconstruction, street and traffic maintenance and operations, and other
transportation related capital projects; and
WHEREAS, while dedicated revenues have decreased, the ongoing annual costs to
preserve and maintain the City’s transportation infrastructure continue to rise leaving the City
unable to continue to adequately preserve and maintain the City’s transportation infrastru cture;
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 existing 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, the City desires to form a Transportation Benefit District which includes the
entire City of Pasco as the boundaries currently exist or as they may exist following future
annexations; and
WHEREAS, prior to establishing a Transportation Benefit District, the City Council
conducted the required public hearing on February 2, 2026, which was noticed in accordance with
RCW 36.73.050. All persons desiring to comment were given a full and complete opportunity to
be heard; and
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WHEREAS, the City Council of the City of Pasco finds it to be in the best interests of the
City to establish a Citywide Transportation Benefit District for pavement maintenance and
reconstruction, street and traffic maintenance and operations, and other transportation related
capital projects consistent with Chapter 36.73 RCW, to protect the City’s long-term investments
in that infrastructure, to reduce the risk of transportation facility failure, to improve safety, to
continue optimal performance of the infrastructure over time, and to avoid more expensive
infrastructure replacements in the future; and
WHEREAS, the City Council of the City of Pasco shall be the governing body for the
Transportation Benefit District acting in an ex officio and independent capacity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is to establish a Transportation
Benefit District pursuant to RCW 35.21.225 and RCW 36.73. The City Council 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 of Pasco, consistent with Chapter 36.73 RCW.
Section 2. Adoption of Chapter. PMC 3.270 Pasco Transportation Benefit District is
hereby created and shall read as follows:
Chapter 3.270
TRANSPORTATION BENEFIT DISTRICT
Sections:
3.270.010 Establishing Transportation Benefit District.
3.270.020 Governing Board.
3.270.030 Functions of the District.
3.270.040 Transportation Improvements Funded.
3.270.050 Dissolution of District.
3.270.010 Establishing Transportation Benefit District. There is created a
transportation benefit district to be known as the Pasco Transportation Benefit
District or “District” with geographical boundaries comprised of the corporate
limits of the City as they currently exist or as they may exist following future
annexations.
3.270.020 Governing Board.
(1) The governing board or “Board” of the District shall be the Pasco 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.
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(2) The treasurer of the District shall be the City Finance Director.
(3) The 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). At a minimum, if a transportation
improvement exceeds its original cost by more than twenty percent, as identified in
the District’s original plan, a public hearing shall be held to solicit public comment
regarding how the cost change should be resolved.
(4) The Board shall issue an annual report, pursuant to the requirements of
RCW 36.73.160(2).
3.270.030 Functions of the District. The District Board shall have and may
exercise any powers provided by law to fulfill the purpose of the District.
3.270.040 Transportation Improvements Funded. The funds generated by
the District shall be used for any lawful purpose for Transportation Improvements,
as that term is defined in RCW 36.73.015, consistent with the requirements of
Chapter 36.73 RCW.
3.270.050 Dissolution of District. The District shall be automatically
dissolved when all indebtedness of the District has been retired and when all of the
District's anticipated responsibilities have been satisfied. Street preservation,
maintenance, and operation are ongoing, long-term obligations of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause phrase or word of this ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
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PASSED by the City Council of the City of Pasco, Washington, on this 17th day of
February, 2026.
_____________________________
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Published: February 22, 2026