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HomeMy WebLinkAbout5245 . ORDINANCE NO. 5245 AN ORDINANCE of the City Council. of the City of Bremerton, Washington, amending Chapter 11.25 of the Bremerton Municipal Code entitled "Transportation Benefit District." WHEREAS, the City Council desires to amend Chapter 11.25 of the Bremerton Municipal Code by amending Section 11.25.050 relating to the term of the Bremerton Transportation Benefit District; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.25 of the Bremerton Municipal Code entitled "Transportation Benefit District" is hereby amended by amending Section 11.25.050 to read as follows: Chapter 11.25 TRANSPORTATION BENEFIT DISTRICT 11.25.010 TRANSPORTATION BENEFIT DISTRICT ESTABLISHED. There is created a transportation benefit district to be known as the Bremerton 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. 11.25.020 GOVERNING BOARD. (a) The governing board of the Transportation Benefit District shall be the Bremerton 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 Transportation Benefit District shall be the City Financial Services Director. (c) 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). (d) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 11.25.030 AUTHORITY OF THE DISTRICT. The Board shall have and may exercise any powers provided by law to fulfill the purpose of the District. 11.25.040 USE OF FUNDS. The funds generated by the Transportation Benefit District may be used for any purpose allowed by law including to operate the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the City's 1 Transportation Benefit District long term investments in its 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 improve modal connectivity within the City of Bremerton. Additional transportation improvement projects of the District may be funded only after compliance with the provisions of RCW 36.73.050(b). 11.25.050 DISSOLUTION OF DISTRICT. Subject to the provisions of RCW 36.73.170, Transportation Benefit 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. However, in no event shall the Bremerton Transportation Benefit District continue to exist past six (6) years &efn the date the after April 30, 2020, subject to the provisions of RCW 36.73.170 for dissolution. 11.25.060 LIBERAL CONSTRUCTION. As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. SECTION 2, 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 3. 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. �f PASSED by the City Council the day of ff /�j , 2014 GREG HEELER, Council President Approved this z u day of L , 2014 PA LE yor ATTEST: AP TO FORM: SHANNON CORIN, City Clerk ROG R A. LUBOVICH, City Attorney PUBLISHED the � day of A 0 K 1 1 , 2014 EFFECTIVE the day of /fi 5 2014 ORDINANCE NO. R. \Legal \Legal\Files \Current Active Files \Transportation Benefit District\2014 \TBD Extenstion Ldocx 2 Transportation Benefit District AFFIDAVIT OF PUBLICATION Account #42742 AD#20140016 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, 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 KITSAP 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, a weekly newspaper in Knsap 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, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement firm) of said newspaper on the following date, to wit And on April 7, 2014 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $35 60 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 21, 22014 ORDINANCE NO 5245 v AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11 25 of the Bremerton Municipal Code entitled "Transportation Benefit District " PASSED by the City Council on the 2nd day of April, 2014 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 APR 7, 2014 AD#20140016 NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT [� My Appointment Ezpies July OB, 2018