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Home My WebLink About3270 RESOLUTION NO. 3270 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a material change policy for Transportation Benefit District funded projects. 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 WHEREA5,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, 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, on March 16, 2016, the City Council, following a public hearing, passed Ordinance No. 5297 whereby the City of Bremerton assumed all of the rights,powers, immunities, functions, and obligations of the Bremerton Transportation Benefit District, vesting the City 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 the ordinance; and WHEREAS, upon adoption of the ordinance, the governing body of the Bremerton Transportation Benefit District was abolished and the Bremerton Transportation Benefit District ceased to exist as a separate entity, and the rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Bremerton 1 Material Change Policy Transportation Benefit District were assumed by and transferred to the City of Bremerton CityCouncil; and WHEREAS, upon assumption of all of the rights,powers, immunities, functions, and obligations of the Bremerton Transportation Benefit District by the City and abolishment of the Bremerton Transportation Benefit District Board, the Interlocal Agreement entered into between the Board and the City on or about February 15, 2012 and amended on May 21, 2014 for staffing and other related services is terminated and of no further force or effect as a result of the assumption of the duties of the Bremerton Transportation Benefit District by the City, and City staff will be administering the Bremerton Transportation Benefit District projects; and WHEREAS, upon assumption of all of the rights, powers, immunities,functions, and obligations of the Bremerton Transportation Benefit District by the City, the City and its staff must now approve the Material Change Policy pursuant to RCW 36.73.160;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The recitals set forth above are hereby incorporated and adopted as if set forth herein in full. SECTION 2. Material Change to Cost. In the event an approved transportation improvement project exceeds its original cost by more than twenty percent (20%), the City Council shall hold a public hearing to solicit comments from the public regarding how the cost change should be resolved. City authorized staff shall consult with the Council President to inform him or her of the cost overruns for purposes of scheduling a public hearing. SECTION 3. Material Change to Scope. In the event the scope of a transportation improvement project materially changes from that originally anticipated at project approval, City authorized staff shall consult with and review the changes with the Council President. The Council President shall determine whether or not to convene a meeting of the Board for discussion. SECTION 4. Material Change to Schedule. In the event that the schedule of a transportation improvement project materially changes in a way that significantly impacts other Transportation Benefit District projects or funding, or schedule changes exceed ninety(90)days, City authorized staff shall consult with and review such changes with the Council President. The Council President shall determine whether or not to convene a meeting of the City Council for discussion. SECTION 5. 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. 2 Material Change Policy SECTION 6. E ffective 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 �� day of J LQY�Q� , 2016. � ERIC YO GER, o cil President APPROVED AS TO FORM: ATTEST: � /�;s2..�' �i.�...,rto �►,�, ROGER A. LUBOVICH, City Attorney Shannon Corin, City Clerk 3 Material Change Policy AFFIDAVIT OF PUBLICATION Account#342133 AD#1096272 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 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 May 23, 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$74.10. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 25, 2016. , c� Notary Public State of Washington TISHA SULLIVAN My Appointment Expires Aug 4, 2018 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Bremerton has fixed June 1, 2016 at 5:30pm in the Meet- ing Chamber on the first floor of the Norm Dicks Gov- ernment Center located at 345 6th Street, Bremerton, WA as the time and place for a Public Hearing to consider Resolution No. 3270 approv- ing a material change policy for Transportation Benefit District funded pro�ects. A copy of the resolution will be available to any citizen at the City Clerk's Office located in the Norm Dicks Government Center, 345 6th Street, Suite 600, Bremerton, WA or on the City of Bremerton's web site. All interested citizens may appear at the public hearing and be heard for or against any part of the mate- rial change policy. MAY 23,2016 AD#1096272