010-16 - Ordinance - Transportation Benefit DistrictORDINANCE NO.010-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, KITSAP COUNTY, WASHINGTON, ASSUMING THE
RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS
OF THE PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT;
REPEALING SECTION 12.125.020 AND AMENDING SECTIONS
12.125.030 AND .040 OF THE PORT ORCHARD MUNICIPAL CODE
TO EFFECT THE SAME; PROVIDING FOR SEVERABILITY; AND
ESTABILISHING AN EFFECTIVE DATE.
WHEREAS, on December 8, 2015 and pursuant to Chapter 36.73 of the Revised Code of
Washington (RCW), the City Council of the City of Port Orchard (the "Council" and "City',
respectively) passed Ordinance No. 027-15, creating the Port Orchard Transportation Benefit
District ("TBD") with boundaries coterminous with the boundaries of the City and with all
Council members serving as the TBD board members; and
WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed
Substitute Senate Bill 5987 (2ESSB 5987) entitled "Transportation Revenue", of which a new
Section 301 of Part III, "Local Transportation Revenue —Transportation Benefit Districts"
provides that in any city or county in which a transportation benefit district has been
established pursuant to Chapter 36.73 RCW with boundaries coterminous with the boundaries
of the city or county may absorb that transportation benefit district and assume all the district's
rights, powers, functions, and obligations; and
WHEREAS, pursuant to Section 302 of 2ESSB 5987, the Council adopted Resolution No.
052-16, declaring its intent to conduct a public hearing at its regular council meeting on June
14, 2016, to consider the City's proposed assumption of all rights, powers, functions, and
obligations of the TBD; and
WHEREAS, on June 14, 2016, the Council conducted the public hearing allowing all
persons interested in the City's proposed assumption of the TBD the opportunity to be heard;
and
WHEREAS, following the conclusion of the public hearing, the Council has determined
that it is in the best interest and welfare of the public for the City to assume the rights, powers,
functions, and obligations of the TBD; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Ordinance No. 010-16
Page 2 of 3
Section 1. Assumption of the Port Orchard Transportation Benefit District. Pursuant to 2ESSB
5987 Section 301 and 303, the City of Port Orchard hereby assumes all of the rights, powers,
functions, and obligations of the Port Orchard Transportation Benefit District. The City is hereby
vested with each and every right, power, immunity, function, and obligation currently granted
to or possessed by the TBD 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
TBD are hereby assumed by and transferred to the Port Orchard City Council.
Section 2. Section Chapter 3.44 POMC. (Adopt by reference exhibit with amendments to
chapter 3.44 POMC].
Section 3. No Existing Right Impaired. Pursuant to 2ESSB 5987 Section 304, the City's
assumption of the power, rights, functions, and obligations of the TBD does not impair or alter
any existing rights previously acquired by the TBD under Chapter 36.73 RCW or any other
provision of law relating to transportation benefit districts, nor does it impair or alter any
actions, activities, or proceedings validated thereunder, nor any rule, regulation, or order
promulgated thereunder. The assumption of control of the TED's functions by the City, and the
transfer of rights, powers, functions, and obligations as provided for in 2ESSB 5987 Section 304,
does not impair or alter the validity of any act previously performed by the TBD or any officer
thereof prior to the assumption of such rights, powers, functions, and obligations by the City
pursuant to this ordinance.
Section 4. Rules, Regulations, Pending Business, and Contracts. Pursuant to 2ESSB 5987
Section 305, all rules and regulations and all pending business before the board of the TBD
transferred to the City must be continued and acted upon by the City; all existing contracts and
obligations of the transferred TBD shall remain in full force and effect and must be performed
by the City; and the transfer of the TBD as authorized under 2ESSB 5987 Section 305 does not
affect the validity of any official act performed by any TBD official prior to the transfer of the
TBD to the City.
Section 5. TBD Records. Pursuant to 2ESSB 5987 Section 306(1), all reports, documents,
surveys, books, records, files, papers, or other writings relating to the administration of the
powers, duties, and functions of the TBD and available to the transportation benefit district
must be made available to the City.
Section 6. Funds, Credits, Appropriations, Federal Grants, or Other Assets. Pursuant to 2ESSB
5987 Section 306(2) and (3), all funds, credits, or other assets held in connection with the
powers, duties, and functions of the TBD transferred to the City are hereby assigned to the City;
any appropriations or federal grant made to the TBD for the purposes of carrying out the rights,
powers, functions, and obligations assumed by the City are hereby credited to the City on the
Effective Date of this ordinance for the purpose of carrying out such transferred rights, powers,
functions, and obligations.
Ordinance No. 010-16
Page 3 of 3
Section 7. Assumption of Indebtedness. Pursuant to 2ESSB 5987 Section 307, the City hereby
assumes and agrees to provide for the payment of all the indebtedness of the TBD.
Section 8. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or preemption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 9. Corrections. Upon the approval of the city attorney, the city clerk is authorized to
make any necessary corrections to this ordinance including, but not limited to, the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and
any reference thereto.
Section 10. Effective Date. This ordinance shall be published in the official newspaper of the
City and shall take full force and effect five (5) days after the date of publication.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of June 2016.
ATTESTE
Br dy Rinearson, City Clerk
APPROVED AS TO FORM:
�tjai Cates, City Attorney
PUBLISHED: June 24th, 2016
EFFECTIVEDATE: June 29th, 2016
Robert Putaansuu, Mayor
Sponsored by: `
,LL , (
�F n
Bek Ashby, Councilmember
SEAL.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 14"', 2016.
ORDINANCE NO.010-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
KITSAP COUNTY, WASHINGTON, ASSUMING THE RIGHTS, POWERS,
FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE PORT ORCHARD
TRANSPORTATION BENEFIT DISTRICT; REPEALING SECTION 12.125.020 AND
AMENDING SECTIONS 12.125.030 AND .040 OF THE PORT ORCHARD
MUNICIPAL CODE TO EFFECT THE SAME; PROVIDING FOR SEVERABILITY; AND
ESTABILISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 010-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 010-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, June 24`h, 2016