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HomeMy WebLinkAbout3263 RESOLUTION NO. 3263 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date to consider an ordinance to authorize the City to assume the rights, powers, functions, and obligations of the City of Bremerton Transportation Benefit District. WHEREAS, Chapter 36.73 RCW and RCW 35.21.225 authorize cities to establish a transportation benefit district within the city's 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 passed Ordinance No. 5076, amended by Ordinance No. 5245, establishing a Transportation Benefit District as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73; and WHEREAS, the Transportation Benefit District includes the entire City of Bremerton as the boundaries currently exist or as are expanded upon annexation; and WHEREAS,pursuant to RCW 36.73.030(3), the members of the City Council, acting ex officio and independently, constitute the governing body of the Transportation Benefit District; and WHEREAS, the State Legislature passed Second Engrossed Substitute Bi115987, Chapter 44, Laws of 2015 ("Senate Bill 5987"), effective July 15, 2015, now codified as Chapter 36.74 RCW, which authorizes a city to assume the rights, powers, functions, and obligations of a transportation benefit district established by a city; and WHEREAS, in order to assume the rights, powers, functions, and obligations of a transportation benefit district established by a city, the city legislative authority must adopt an ordinance or resolution indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations; and WHEREAS, If the city legislative authority adopts such an ordinance or a resolution of intention, the ordinance or resolution must set a time and place at which the city authority will consider the proposed assumption of the rights, powers, functions, and obligations of the transportation benefit district, and must state that all persons interested may appear and be heard; and WHEREAS, the ordinance or resolution of intention must be pirblished at least two times during the two weeks precedirig tlie scheduled hearing in newspapers of daily general circulation printed or published in the city in which the transportation benefit district is to be located; and Hearing for Proposed Assumption of TBD—Reso[ution WHEREAS, as authorized by RCW 36.74.020, the City Council desires to schedule a hearing to consider an ordinance authorizing the City to assume the rights, powers, functions, and obligations of the Bremerton Transportation Benefit; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on l�arch 16,2016, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to consider and take public testimony on the proposed ordinance to authorize the City to assume the rights, powers, functions,and obligations of the City of Bremerton Transportation Benefit District pursuant to Chapter 36.74 RCW, and that all persons interested may appear and be heard at the hearing. SECTION 2. Severabilitv. 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 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage� PASSED by the City Council of the City of Bremerton, Washington this 17`h day of February, 2016. . ERIC YOUN , Co ' President APPROVED AS TO FORM: ATTEST: RO ER A. LUBOVI , � y ttorney SHANNON CORIN, City Clerk R•\Legal\Legal\F�les\Current Acuve Files\Transportation Benefit D�stnct\Ordmance-Assumption of TBD-'_'016�016 Resolution-Heanng to Assume TBD.doc Hearing for Proposed Assumption of TBD—Resolution AFFIDAVIT OF PUBLICATION Account#342133 AD#951788 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 SLJN; 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 publi- cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in 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; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:And on March 3, 2016 March 10, 2016 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$829.92. This amount has not been paid in full. Notary Public State of Washington TISHA SULLIVAN My Appointment Expires Aug 4, 2016 (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 10, 2016. I RESOLUTION NO. 3263 must be published at least two times during the two A RESOLUTION of the City weeks preceding the sched- Council of the City of uled hearing in newspapers Bremerton, Washington, of daily general circulation establishing a hearing date printed or published in the to consider an ordinance to city in which the transporta- authorize the City to assume tion benefit district is to be the rights, powers, func- located;and tions, and obligations of the � City of Bremerton Transpor- WHEREAS, as authorized tation Benefit District. by RCW 36.74.020, the City � Council desires to schedule a WHEREAS,Chapter 36.73 RCW hearing to consider an ordi- and RCW 35.21.225 authorize nance authorizing the City to cities to establish a trans- assume the rights, powers, portation benefit district functions, and obligations within the city's jurisdiction of the Bremerton Transpor- for the purpose of acquir- tation Benefit; NOW THERE- ing,constructing,improving, FORE, providing,and funding trans- portation improvements THE CITY COUNCIL OF THE within the district that are CITY OF BREMERTON, consistent with existin4 WASHINGTON,DOES HEREBY state, regional, and local RESOLVE AS FOLLOWS: transportation plans and necessitated by existing or SECT/ON 1. A public hearing reasonably foreseeable con- wiTl�Feld on March 16, gestion levels;and 2016, at 5:30 p:m. or later in the City Council Chambers at WHEREAS, the City Council the Norm Dicks Government of the City of Bremerton Center, First Floor,345 Sixth passed Ordinance No. 5076, Street, Bremerton, Wash- amended by Ordinance No. ington,to consider and take 5245, establishing a Trans- public testimony on the pro- portation Benefit District as posed ordinance to autho- authorized by RCW 35.21.225 rize the City to assume the and subject to the provisions rights, powers, functions, of RCW 36.73;and and obligations of the City of Bremerton Transportation WHEREAS, the Transporta- Benefit District pursuant to tion Benefit District includes Chapter 36.74 RCW,and that the entire City of Bremerton all persons interested may as the boundaries current- appear and be heard at the ly exist or as are expanded hearing. upon annexation;and SECT/ON 2. Severabilitx If WHEREAS, pursuant to RCW any one or more sections, 36.73.030(3), the members subsections,or sentences of of the City Council, acting this Resolution are held to be ex officio and independent- unconstitutional or invalid, �•„ ly, constitute the governmg such decision shall not affect body of the.Transportation the validity of the remain- Benefit District;and ing portion of this Resolution and the same shall remain in WHEREAS, the State Leg- full force and effect. islature passed Second Engrossed Substitute Bill SECT/ON 3. Effective Date. 5987, Chapter 44, Laws of T is Reso ution sTia�ta c�e 2015 ("Senate Bill 5987"), effect and be in force imme- effective July 15, 2015, now diately upon its passage. codified as Chapter 36.74 RCW, which authorizes a PASSED by the City Council of • city to assume the rights, the City of Bremerton,Wash- powers, functions, and obli- ington this 17th day of Febru- gations of a transportation ary,2016. benefit district established MARCH 3,30.2016 by a city;and AD#951788 WHEREAS,in order to assume the rights, powers, func- tions, and obligations of a transportation benefit dis- trict established by a city, the city legislative authori- ty must adopt an ordinance or resolution indicating its intention to conduct a hear- ing concerniny the assump- tion of such rights, powers, functions, and obligations; and WHEREAS, If the city legisla- tive authority adopts such an ordinance or a resolution of intention, the ordinance or resolution must set a time and place at which the city authority will consider the proposed assumption of the nghts, ,powers, functions, and obligations of the trans- portation benefit district, and must state that all per- sons interested may appear and be heard;and WHEREAS, the ordinance or resolution of intention