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Home My WebLink About5297 ORDINANCE NO. 5297 AN ORDINANCE of the City Council of the City of Bremerton, Washington, assuming the rights, powers, functions, and obligations of the City of Bremerton Transportation Benefit District and amending Chapter 11.25 of the Bremerton Municipal Code entitled "Transportation Benefit District". WHEREAS, Chapter 36.73 RCW and RCW 35.21.225 authorizes 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 ("City Council") found it to be in the best interests of the City to establish a city wide Transportation Benefit District consistent with Chapter 36.73 RCW, for transportation improvements that improve modal connectivity and for the preservation and maintenance of the City's transportation 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 implement the City's transportation improvement plan; and WHEREAS, the City Council of the City of Bremerton passed Ordinance No. 5076, amended by Ordinance No. 5245, establishing the Bremerton Transportation Benefit District as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73; and WHEREAS, the Bremerton Transportation Benefit District includes the entire City of Bremerton as the boundaries currently existed when established or as 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 Bremerton Transportation Benefit District; and WHEREAS, during the 2015 legislative session, the State Legislature passed Second Engrossed Substitute Bill 5987, Chapter 44, Laws of 2015, now codified as Chapter 36.74 RCW; and WHEREAS, RCW 36.74.010 authorizes any city in which a Transportation Benefit District has been established pursuant to Chapter 36.73 RCW with boundaries coterminous with the boundaries of the city to assume the rights, powers, functions, and obligations of the Transportation Benefit District; 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 1 Assumption of TBD—Ordinance ordinance or resolution indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations; and WHEREAS, the ordinance or resolution of intention must be published at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the city in which the Transportation Benefit District is located; and WHEREAS, on February 17, 2016, the City Council adopted Resolution No. 3263 which declared the City Council's intention to consider the assumption of the rights, powers, functions and obligations of the Bremerton Transportation Benefit District, and scheduled a public hearing for March 16, 2016 so that all persons interested may appear and be heard; and WHEREAS, Resolution No. 3263 was published March 3, 2016 and March 10, 2016; and WHEREAS, on March 16, 2016, the City Council conducted the scheduled public hearing to allow all persons interested in the proposed assumption the opportunity to be heard, to hear those appearing and all protests and objections to it, if any; and WHEREAS, following the conclusion of the public hearing, the City Council determined that the public interest and welfare would be satisfied by the City's assumption of the rights, powers, functions and obligations of the Bremerton Transportation Benefit District and therefore declared its intent to assume the rights, powers, functions and obligations of the District; and WHEREAS, the City Council desires to continue the work and functions of the Bremerton Transportation Benefit District as defined in state law and Ordinance No. 5076, as amended by Ordinance No. 5245, without the necessity of maintaining a separate entity; and WHEREAS, the City's assumption of the rights, powers, functions and obligations of the Bremerton Transportation Benefit District would provide for more efficient administration of transportation maintenance and improvement funds previously authorized to be collected and expended by the District; and WHEREAS, the City Council finds that it is in the City's best interest to assume the rights, powers, immunities, functions, and obligations of the Bremerton Transportation Benefit District; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. Assiunption o,��Bremer•ton Transportation Benef t District. Pursuant to RCW 36.74.010 and as set forth in Section 3 below, the City of Bremerton does 2 Assumption of TBD—Ordinance hereby assume all of the rights, powers, immunities, functions, and obligations of the Bremerton Transportation Benefit District, and the City of Bremerton is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the Bremerton Transportation Benefit District as of the effective date of this ordinance. The rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Bremerton Transportation Benefit District are hereby assumed by and transferred to the City of Bremerton CityCouncil. By adoption of this ordinance, the Bremerton Transportation Benefit District will cease to exist as a separate entity. SECTION 3. Chapter Amended. Chapter 11.25 of the Bremerton Municipal Code entitled "Transportation Benefit District" is hereby amended as follows: Chapter 11.25 ASSUMPTION OF TRANSPORTATION BENEFIT DISTRICT 11.25.010 TRANSPORTATION BENEFIT DISTRICT ASSUMED. Tt, .,+o.l ., +r ,,..�..+:,,., l.o o�+a;�r,�;�f f„l.0 1. � +t,o u,-o o�„ .� ,., �...,...�... » ..»..�t:..,...,..'.," ..�"�"` �-"----' '... ,.- -----'---- --- ---- ------------ nisrr�vrca�9n��Cti�-kv ��Tl:��.-:..+�� . .;+1, �.0 1�.:...,1 1... .,.i., o �-.7 �,F+l,o ..�"' + 1' '+ �*t,o !":+.. �� ♦1,0.. „ „+1.,o ;�r�, � tL,o...„ o :�� F 11,,..,:.,,. �,�,,,.o � — ..a„F. ,.,�...... •i�r v r n �r � ��____�� __ ____ _�__, ___ ____� __"_____- � - ��n� The Citv Council bv Ordinance No. 5076, as amended bv Ordinance No. 5245, established a Transportation Benefit District with eg o�-aphical boundaries comprised of the corporate limits of the Citv as thev existed or as subsequentiv annexed, known as the Bremerton Transportation Benefit District or("District"). RCW 36.74.010 authorizes anv citv in which a Transportation Benefit District has been established pursuant to Chapter 36.73 RCW, with boundaries coterminous with the boundaries of the city to assume the ri ts, powers, functions, and obligations of the Transportation Benefit District. As authorized pursuant to RCW 36 74 O10 the City of Bremerton assumes all of the rights, powers, functions, and obli�ations of the District previouslv established in this chapter, and the Citv of Bremerton is herebv vested with each and every ri h�t power function and obli at� ion �ranted to or possessed by the Bremerton Transportation Benefit District under Chapter 36.73 RCW, Chanter 36.74 RCW, this chapter and/or any other applicable law as currentiv enacted and subsequentiv amended. Bv this assumption of the ri tsipowers functions and obli�ations of the District, the Bremerton Transportation Benefit District will cease to exist as a separate entitv. 11.25.020 GOVERNING BOARD. / \ Tl. l. ,7 ,��'+L.e T,-�,�,�«.,,.-�.,+:,..,. �o.�„f:� Tl:�*«,.� �l.�ll 1.o tL.o b.,.�..., .b ....... ... ..._ _..,.--�r�-------- ------- -------- --- � ..t �•. r �t +• o „��,.:,, .,.,a ;�ao,.o.,ao.,+ ,. ,,:+., ..�.;,,t, �t,,,i� t,,,..o+t,o J C 1- n�^ ' — `!„l.o\ TL. + f'�1,o T.- .,�.-� ♦' i]o o�+ Tl:�+.- �.+ �L..,11 l.o+L.e /'�;+o nr � �;.,,.�,.:..t eo....:,, � r�:..o„�,... ! \ TL. I] .7 1, 11 ,a „1,.... ., �+o.�: 1 L. 1' � ..,a,7.-o..., ,., «1.,.. b Y J ��~r � + F.-*L, :.. D!`\ll 2� '7Z 1�Ill1 L 3 Assun:ption of TBD—Ordinance /a�—�1 �v�aia �ti.u�� icc.�..'.� ..aa .......,..�.� :.o.,�.i'.'�) Y»..,».'..r�4+� 4�a_rn��i�rarr.o...., .,� or-��x� z� �� nr�� As authorized pursuant to RCW 36.74.030(2), the overning bodv of the Bremerton Transportation Benefit District established pursuant to RCW 36.73.020 is herebv abolished and the Citv of Bremerton Citv Council ("Citv Council") hereby assumes and is vested with all the ri ts,powers, functions and obli at�'ion_s previously vested, exercised and/or performed by the �overnin�bodv of the Bremerton Transportation Benefit District. 11.25.030 AUTHORITY OF THE��CITY. Tb, i] .a �L, 11 1,., .7 .+-. ,;.io.l b,.,1� , ��.1�11 +l,o n �.�,..,.. �,..,,, .....�....,... ...��..:..,..,.. »::!Y�:'.'�:� 1:,:�`.....�... ..� ..... .., ._.._... ____ r^_r_..� e��F1�,o Tl'n4rin4 The Citv shall have the authority to exercise the ri ts, powers, functions and obligations powers set forth in this chapter and Chapter 36.73 RCW, as currently enacted and subsequentiv amended, including,but not limited to: (a) imposin�a vehicle fee pursuant to RCW 36.73.065, (b) implementing a material chan eg�policYpreviouslv adopted bY the Bremerton Transportation Benefit District to address maior plan changes that affect project delivery of the abilitv to finance the plan pursuant to the requirements set forth in RCW 36.73.160(1), and (c) fundin t� ransportation improvements as authorized pursuant to Subsection 11.25.040 below. 11.25.040 TRANSPORTATION IMPROVEMENTS FUNDED. Tl, � .a ...,�o.a 1,..+L,o T,..,..�,..,,-+�+;.,,, i2o..a�_ti11;�*,-:�.�.�, .L.o, ,a F.- ., o o..o .,. ,� .,..,� ,-.. „ ., b�..�.».�.� ..J ."� "..."..Y_."_."�-- --"---- --'""---- -----./ -- -'--- --- �..✓ i---'r--- f � �: �l..l..� .,L.10 .��;.�. 1 o el� .,.++., !`L,.,..+o.-'2� '7Z D�''\il Tl.o 0 0o w. .,�..i_. ..... .. . ..,.. f 7 � ) � !"'+ �� .-E A.a.7'+'., .,1 �..,,.��.�,�..+�+:...� : o o..�Y,.-..:o.,+� .,��L.o T1:..F..:,.+.., ,l.o �,.,,ao,7 � r �rY r .r � 1 , .,�+o.-,. «1;.,,,..o. .;�1+ +l+o.+ .,F D!'�il 2ti 7Z ncn�i.� � . .�.v.�v�v�. The revenues generated by the exercise of the powers granted in Section 11.25.030 and/or Chapter 36 73 RCW ma�be used for anypurpose allowed bv law to make transportation improvements that are consistent with existin��state re�ional, and local transportation plans and necessitated by existin�or reasonably foreseeable con�estion levels pursuant to Chapter 36.73 RCW The transportation improvements funded bv the City shall be made in an effort to nrotect the Citv's lon¢ term investments in its infrastructure. to reduce the risk of transportation facilitv failure to improve safety, to continue optimal �erformance of the infrastructure over time, to avoid more expensive infrastructure re�lacements in the future and to improve modal connectivitv within the Citv of Bremerton. Any expansion of these authorized purposes mav be funded only after compliance with the�rovisions of RCW 36.73.050(b) or a vote of the people pursuant to RCW 36.73.065(c). ��c.�Tc�n n�ecnr iTTil11U !1L'11iCTDri=,c� Q L.' + + tl, 4'D!"\II 2� '12�'7!1 +l,o Tr�� .,,-*.,*;.,., ao,-,o�+ Tl:�+.-;.,* �l,.,tl l,o ---� -------- -------- - -- �. «, ... �.,..........,..., .,. ._� .. .,...,�._ , ..� --- - r 4 Assumption of TBD— Ordinance � . , > > 11.25.050 NO EXISTING RIGHTS IMPAiRED. Pursuant to RCW 36 74 040 nothin�Ln this ordinance shall be construed as impairin�or altering�any existin�ri�hts accLuired by the Bremerton Transportation Benefit Distnct under Chakter 36 73 RCW this cha�ter or an o�ther provision of law applicable to transportatton benefit districts Nor does this assumption imQair or alter anv actions activities or proceedin�s validated thereunder• anv civil or criminal proceedincs instituted thereunder• anv rule, re�ulation or order promul�ated thereunder• anv administrative action taken thereunder; nor the validit�of anv act performed bv the Bremerton Transportation Benefit District or division thereof or any officer thereof prior to the assumption of such ri�hts powers funct�ons, and obli atig ons by the Citv as authorized bv law. 11 25 060 RULES,REGULATIONS,PENDING BUSINESS,AND CONTRACTS. Pursuant to RCW 36 74 O50(1) all rules and regulations and all pendin�business before the board of the Bremerton Transportation Benefit District shall be continued and acted upon by the Citv Council In addition pursuant to RCW 36 74 O50(2) all existin�contracts and obli ations of the Bremerton Trans ortation Benefit District remain in full force and effect and will be performed b�the City The assumption does not affect the validity of anv official act performed by anv official or em�lovee prior to the assumption authonzed m this ordinance. 11 25 070 REPORTS,BOOKS,AND RECORDS. Pursuant to RCW 36 74 060(1) all reports documents survevs books, records, files, papers or other writings relatina to the administration of the nowers, duties and functions � available to the Bremerton Trans�ortation Benefit District shall be made ava�lable to the Citv. 11 25 080 FUNDS, CREDITS, APPROPRIATIONS,FEDERAL GRANTS, OR OTHER ASSETS. Pursuant to RCW 36 74 060(2) all funds credits or other assets held in connection: with ri�hts �owers duties and functions of the Bremerton Transnortation Benefit Distnct assumed hereunder shall be assigned to the City Further pursuant to RCW 36.74.060(3), anv ap�ropriations or federal ant made to the Bremerton Trans ortation Benefit Distnct if an n y for the purpose of carrying out the ri�hts powers functions, and obli�ations authorized to be assumed bY the Citv must on the effective date of the assumption be credited to the Citv for the purpose of carrying out such assumed ri�ts powers functions and obli�ations. 11.25.090. ASSUMPTION OF 1NDEBTEDNESS. Pursuant RCW 36 74 070 the City assumes and a¢rees to provide for the navment of all of the indebtedness of the Bremerton Transportation Benefit District includin�the vavment and retirement of outstanding�eneral obli¢ation and revenue bonds (if anv) issued bv the Bremerton Transportation Benefit District. 5 Assumption of TBD—Ordinance 11.25.8HA100 LIBERAL CONSTRUCTION. As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. SECTION 4. Severability. If any one 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 S. 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. PASSED by the City Council thel6th day of March, 2016. � �� ,��'`.,. ERIC YOU ER, ncil President Approved this l 9 �day of , 2016 � PATTY L , ayor ATTEST: APPROVED AS TO FORM: � SHANNON CORIN, Crty Clerk RO ER A. LUBOVICH, ' orney PUBLISHED the a��h day of l��I G rc h , 2016 EFFECTIVE the�— day of V�i , 2016 ORDINANCE NO. ��j� R\Legal`•,L,cgal`,.Filcs\Currcnt Acuve Files\Transportation Benefit District\Ordinance-Assumption of TBD-2016`�2016 Ordinance-Assumption of TBD-Final.docx 6 Assumption of TBD—Ordinance AFFIDAVIT OF PUBLICATION Account#342133 AD#1006240 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 SiJN; 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 25, 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$59.28. This amount has not been paid in full. � Notary Public State of Washington TISHA SULLIVAN My Appointment Expires Aug 4, 2ot8 (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 25, 2016. .t�A- ORDINANCE N0.5297 AN ORDINANCE of the City Council of the City of Bremerton, Washington, assuming the rights,powers, functions,and obligations of the City of Bremerton Trans- portation Benefit District and amending Chapter 11.25 of the Bremerton Municipal Code entitled "Transporta- tion Benefit District:' PASSED by the City Council on the 16th day of March,2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. MARCH 25,2016 AD#1006240