037-17 - Resolution - Indicating Council's Intention to Hold a PH on a Proposed Ordinance for the TBDRESOLUTION NO. 037-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, KITSAP
COUNTY, WASHINGTON, INDICATING THE CITY COUNCIL'S INTENTION TO
HOLD A PUBLIC HEARING ON JUNE 27, 2017 ON A PROPOSED ORDINANCE TO
CONFIRM THE CITY'S PREVIOUS ASSUMPTION OF THE RIGHTS, POWERS,
FUNCTIONS, AND OBLIGATIONS OF THE PORT ORCHARD TRANSPORTATION
BENEFIT DISTRICT.
WHEREAS, pursuant to Chapter 36.73 of the Revised Code of Washington (RCW), the
City Council of the City of Port Orchard (the "Council") passed Ordinance No. 027-15, creating
the Port Orchard Transportation Benefit District ("TBD") with boundaries coterminous with the
boundaries of the city and with Port Orchard City Council members serving as the TBD Board
members; and
WHEREAS, Chapter 36.74 RCW provides that in 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, the city may absorb that transportation benefit
district and assume all the district's rights, powers, functions, and obligations; and
WHEREAS, on June 14, 2016, the Council passed Ordinance 010-16 to absorb and
assume all of the rights, powers, functions, and obligations of the TBD; and
WHEREAS, on August 5, 2016, the Council passed Ordinance 020-16 to repeal Ordinance
010-16 based on the mistaken belief that Ordinance 027-15 accomplished the
absorption/assumption of the TBD and that Ordinance 010-16 was a purely duplicative
ordinance; and
WHEREAS, the Council has determined that Ordinance 010-16 was mistakenly repealed,
as the assumption of the TBD by the City was appropriately accomplished by that ordinance;
and
WHEREAS, the Council is considering adopting an ordinance repealing Ordinance 020-16
and confirming its intent to absorb the TBD and assume all of its rights, powers, functions and
obligations; and
WHEREAS, RCW 36.74.020 requires a public hearing before the Council may adopt an
ordinance to absorb/assume the TBD; and
Resolution No. 037 -17
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WHEREAS, in an abundance of caution, the Council has determined to follow the same
processes set forth in RCW 36.74.020 in confirming its intent to absorb/assume the TBD as it
did before its adoption of Ordinance 010-16; and
WHEREAS, pursuant to RCW 36.74.020, the Council must pass a resolution indicating its
intention to hold a public hearing on the proposed assumption of the rights, powers, functions,
and obligations of the TBD and setting a time and place for the hearing; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS :
THAT: The City Council of the City of Port Orchard hereby indicates its intent to hold a
public hearing on the City of Port Orchard's proposed confirmation of its absorption and
assumption of the rights, powers, functions, and obligations of the Port Orchard
Transportation Benefit District; said hearing shall be held at the regular Port Orchard
City Council Meeting held at 6:30 pm on June 27, 2017, at City Hall.
FURTHER THAT: Pursuant to RCW 36.74 .020(1), upo__n__adoption of this resolution a copy
of this resolution shall be published in the Port Orchard Independent at least two times
during the two weeks prior to the above scheduled hearing.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 13th day of June 2017.
Robert Putaansuu, Mayor
Brandy Rinearson, CMC, City Clerk