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ORDINANCE NO. -B:l!)tp
AN ORDINANCE of the City Council of the City of
Bremerton authorizing the Kitsap County Consolidated Housing
Authority to exercise powers of a public development authority
within the City ofBremerton.
WHEREAS, by Section 9 of Ordinance No. 4870, the City of Bremerton (the
"City") ratified and confirmed its prior election, by Resolution No. 2755 and Ordinance No.
4830, to authorized and assign the Kitsap County Consolidated Housing Authority (the "Kitsap
Authority") to exercise the powers of a community renewal agency pursuant to Chapter 35.81
RCW; and
WHEREAS, RCW 35.82.070(12) provides that a city may authorize a housing
authority to exercise not only the powers of a community renewal agency under chapter 35.81
RCW but also the powers of a public corporation, commission or authority (collectively, a
"public development authority") under RCW 35.21.730 through .759; and
WHEREAS, public development authorities, and housing authorities exercising
the powers of public development authorities, have useful statutory powers to execute and
administer federal programs; and
WHEREAS, the City desires that the Kitsap Authority assist in (1) the allocation
offederal new markets tax credits within portions ofthe City that may not be within the
boundaries of a community renewal area, and (2) the provision of assistance to both the City and
the Bremerton Housing Authority to facilitate replacement housing in connection with the
renewal and revitalization of West Park, including replacement housing in areas of the City not
within the boundaries of a community renewal area; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION 2. Pursuant to RCW 35.82.070(12), the City of Bremerton requests
and authorizes the Kitsap County Consolidated Housing Authority to exercise any powers of a
public corporation, commission or authority under chapter 35.21 RCW, specifically those powers
authorized by RCW 35.21.730 through .759. The Kitsap Authority is authorized to exercise such
public development authority powers: (1) in conjunction with the Kitsap Authority's activities as
a community renewal agency for the City of Bremerton; (2) in conjunction with the allocation
and use of "new markets tax credits" under Section 45D of the Internal Revenue Code in any
qualifYing area of the City; (3) to facilitate replacement housing in connection with the renewal
and revitalization of West Park; and (4) for such other purposes as may be subsequently
approved by ordinance or resolution of the City.
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KCCHA Public Development Authority
SECTION 3. Pursuant to RCW 35.21.730(5), the liability ofthe Kitsap County
Consolidated Housing Authority for its obligations that arise in connection with exercising the
powers of a public development authority pursuant to this ordinance shall be limited to the assets
and properties of the authority that are used, pledged or applied to the activities specified in
Section 2 of this ordinance, and no recourse shall be permitted to the assets or credit of the City
in connection therewith.
SECTION 4. The City Council ratifies and confirms all prior actions by officers
or employees of the City or of the Kitsap Authority consistent with the provisions of this
ordinance.
SECTION 5. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the ~ day of Lf~'-'r'l~)J ,2004
PASSED by the City Council the cJ,U:h day of --'~..I' ~b.li ,2004
Approved this ... ~) day of ~ '200~
C~MAN' ~a:or .,
APPROVED AS TO FORM:
R A. LUBOVICH, City Attorney
PUBLISHED the ~) day of rf:::2~:~~ ' 200S"
EFFECTIVE the / ~) day of ,200S
ORDlliANCENO. 4q~~
R:\LEGAL\Ordinances\Granting PDA Powers to KCCHA.DOC
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KCCHA Public Development Authority
AFFIDAVIT OF PUBLICATION
No. Ad # 100135873
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Nelson, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; January 5% 2005
and that such newspaper was regularly distributed to its subscribers during all of said period. That the full
mount of the fee charged for the foregoing publication is the sm of $31.56 which amount has not been
paid.
."xx'( .' ..... '-'~'~ (Si nature of Princi al Clerk)
-~ o'.. _ ..v¢ g P
Subscribed_~n~t ~w~rn.t9 b2~i~e ~ ~is day of January, 11~, 2005.
ORDIN~CE N~[~O'~
~ O~INANCE of the City Council of the City of Bremerton authorizing the Kitsap County
Consolidat~ Housing Authority to exercise powers of a public development authority wi~in the City of
Bremerton.-
~PRO~D by ~e City CouQcil the 22nd day of December, 2~4-
PASSED by the City Council ~e 29th day of December, 2~-
The full text of ~is ordinance is available ~om the City Clerk's Office, 345 6~ Strut, Suite 6~,
Breme~on, WA 98337-18735
Janu~ 5, 2~5..ff100135873-