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HomeMy WebLinkAbout012 RESOLUTION NO. 012 A RESOLUTION of the governing Board of the Bremerton Transportation Benefit District approving a material change policy. WHEREAS, Chapter 36.73 RCW and RCW 35.21.255 authorize the City of Bremerton to establish a Transportation Benefit District within the City 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, to protect the City's long term investments in that infrastructure, to reduce the risk of transportation facility failures and improve safety, to continue optimal performance of the infrastructure over time, and to avoid more expensive infrastructure replacements in the . future; and WHEREAS, by passage of Ordinance No. 5076, the City Council of the City of Bremerton established the Bremerton Transportation Benefit District ( "TBD ") as authorized by RCW 35.21.225 and subject to the provisions of Chapter 36.73 RCW; and WHEREAS, RCW 36.73.160 requires the Transportation Benefit District to adopt a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, and address material changes to cost, scope, and schedule; the level of change that will require governing body involvement; and how the governing body will address those changes. NOW THEREFORE, THE BOARD OF THE BREMERTON TRANSPORTATION BENEFIT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Material Change to Cost. In the event an approved transportation improvement project exceeds its original cost by more than twenty percent (20 %), the TBD Board shall hold a public hearing to solicit comments from the public regarding how the cost change should be resolved. TBD authorized staff shall consult with the Board President to inform him or her of the cost overruns for purposes of scheduling a public hearing. SECTION 2. ' Material Change to Scope. In the event the scope of a transportation improvement project materially changes from that originally anticipated at project approval, TBD authorized staff shall consult with and review the changes with the Board President. The Board President shall determine whether or not to convene a meeting of the Board for discussion. 1 TBD Resolution No. 012 (2014) SECTION 3. Material Change to Schedule. In the event that the schedule of a transportation improvement project materially changes in a way that significantly impacts other TBD projects or funding, or schedule changes exceed ninety (90) days, TBD authorized staff shall consult with and review such changes with the Board President. The Board President shall determine whether or not to convene a meeting of the Board for discussion. SECTION 4. Severability. If any one 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 5. 1Efective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSEp by the Transportation Benefit District of the City of Bremerton, Washington this �� day of , 2014. Dino Davis, Board President APPROVED AS TO FORM: ATTEST: RO ER A. LUBOVICH, Board Atto Shannon Corin, Board Secretary R: \Legal \Legal \Files \Current Active Files \Transportation Benefit District\2014 \Resolution material change policy - Final.docx 2 TBD Resolution No. 012 (2014)