001-09 - Ordinance - Deferred Back to Committee-Adopting New Chapter POMC 2.82 Council WardsIntroduced by: City Attorney
Requested by: City Attorney
Drafted by: City Attorney
Introduced: January 13, 2009
Adopted:
DEFERRED BACK TO COMMITTEE
ORDINANCE NO. 001-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING A NEW CHAPTER 2.82 OF THE PORT ORCHARD
MUNICIPAL CODE ENTITLED “COUNCIL WARDS” DIVIDING THE
CITY INTO THREE COUNCIL WARDS AND ESTABLISHING
BOUNDARIES FOR EACH WARD
WHEREAS, the City Council finds that the City government must be representative
of the interests of its citizens; and
WHEREAS, the City Council finds that the division of the City into three wards
pursuant to RCW 35.23.051 will best provide a means for electing councilmembers to represent the
interests of the citizens; and
WHEREAS, pursuant to RCW 29A.76.010, full and reasonable public notice of this
ordinance was provided; and
WHEREAS, first reading of this Ordinance occurred on November 12, 2008, at which
a public hearing was held; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code is hereby amended by adopting a new
Chapter 2.82 entitled “Council Wards” to read as follows:
Chapter 2.82
Council Wards
Sections:
2.82.010 Division into Wards.
2.82.020 Wards – Boundaries.
2.82.030 Council Positions – Designation to Each Ward and Elections.
2.82.040 Change of Ward Boundaries.
2.82.050 Boundary Map – Official Record.
Ordinance No. 001-09
Page 2 of 4
SECTION 2. The Port Orchard Municipal Code is hereby amended by adopting a new
section 2.82.010 to read as follows:
2.82.010 Division into Wards.
The City of Port Orchard is hereby divided into three wards, the boundaries of which shall
be designated in this Chapter.
SECTION 3. The Port Orchard Municipal Code is hereby amended by adopting a new
section 2.82.020 to read as follows:
2.82.020 Wards – Boundaries.
(1) Ward One - All that territory south and west of the following boundary line:
Starting at the intersection of Tremont and Highway 16, east on Tremont to Sidney Avenue,
south on Sidney to Fireweed Road, east on Fireweed to Sherman Avenue to end of Sherman
Avenue, continuing south and terminating at Highway 16; all that territory east of Highway
16 and south of Sedgwick Road; and all that territory south of Berry Lake Road and west of
Highway 16.
(2) Ward Two - All that territory north and west of the following boundary line:
Starting at the northern terminus of Sidney Avenue, south on Sidney to Melcher Street, west
on Melcher to Garrison Avenue, south on Garrison to South Street, west on South Street to
Flower Avenue, south on Flower Avenue to Tremont Street, west on Tremont/Old Clifton
Road to city boundary; and all that territory north of Berry Lake, west of Highway 16, and
south-east of Old Clifton Road.
(3) Ward Three - All that territory east and north of the following boundary line:
Starting at the northern terminus of Sidney Avenue, south on Sidney to Melcher Street, west
on Melcher to Garrison Avenue, south on Garrison to South Street, west on South Street to
Flower Avenue, south on Flower Avenue to Tremont Street, east on Tremont to Sidney
Avenue, south on Sidney to Fireweed Road, east on Fireweed to Sherman Avenue, south to
the end of Sherman Ave and continuing south to Highway 16, south east along Highway 16
to Sedgwick Road, east on Sedgwick to city boundary.
SECTION 4. The Port Orchard Municipal Code is hereby amended by adopting a new
section 2.82.030 to read as follows:
2.82.030 Council Positions – Designation to Each Ward and Elections.
(1) Pursuant to RCW 35.23.051, the City Council designates the following council
positions to each ward as defined herein:
a) Council Positions 1 and 2 – Ward One
b) Council Positions 3 and 4 – Ward Two
c) Council Positions 5 and 6 – Ward Three
d) Council Position 7 – At Large
(2) Elections – With the exception of Council Position 7, only voters residing
within the ward may vote at a primary election to nominate candidates for a councilmember
of the ward. Each councilmember shall be voted upon by all registered voters in the City in
the general election.
Ordinance No. 001-09
Page 3 of 4
(3) Persons elected to Council Positions 1-6 must reside within the ward to which
their position is designated. The person elected to Council Position 7 may reside anywhere
in the City.
(4) Council positions 2, 3, and 6 shall be elected in 2009 and every four years
thereafter; Council positions 1, 4, and 5 shall be elected in 2011 and every four years
thereafter; and Council position 7 shall be elected in 2009 and every two years thereafter.
(5) The removal of a councilmember from the ward for which he or she was
elected shall create a vacancy in such office.
SECTION 5. The Port Orchard Municipal Code is hereby amended by adopting a new
section 2.82.040 to read as follows:
2.82.040 Change of Ward Boundaries.
(1) Pursuant to RCW 35.23.051 and RCW 29A.76.010, the boundaries of any
ward may, from time to time, be adjusted to reapportion the population of the wards or
when additional territory is annexed into the City.
(2) No change in the boundaries of any ward shall be made within one hundred
twenty (120) days before the date of a general municipal election, nor within twenty (20)
months after the wards have been established or altered. However, if a boundary change
results in one ward being represented by more councilmembers than the number to which it
is entitled, those having the shortest unexpired terms shall be assigned by the council to
wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be
residents of the wards to which they are assigned for purposes of determining whether
those positions are vacant.
(3) Additional territory that is added to the city shall, by act of the council, be
annexed to contiguous wards without affecting the right to redistrict at the expiration of
twenty months after last previous division.
(4) Pursuant to RCW 29A.76.010(5), during the adoption of an ordinance
adjusting the boundaries of any ward, the City shall ensure that full and reasonable public
notice is provided and that at least one public hearing is held at least one week before the
ordinance is adopted.
SECTION 6. The Port Orchard Municipal Code is hereby amended by adopting a new
section 2.82.050 to read as follows:
2.82.050 Boundary Map – Official Record.
(1) For purposes of providing a public record of the location and boundaries of
designated wards as described in POMC 2.82.020, an official map depicting the location and
boundaries of wards shall be filed and maintained with the City Clerk as an official record of
the City’s wards.
(2) Any change or adjustment to the ward boundaries pursuant to POMC
2.82.040 shall be accompanied by an updated map that reflects the new boundaries of each
ward.
Ordinance No. 001-09
Page 4 of 4
SECTION 7. Pursuant to Section 6 of this ordinance, attached hereto and incorporated by
reference is Exhibit A. Exhibit A is the official map of the location and boundaries of designated
wards as described in Section 3 of this ordinance.
SECTION 8. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 9. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
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 13th day of January 2009.
DEFERRED BACK TO COMMITTEE
Lary Coppola, Mayor
ATTEST:
DEFERRED BACK TO COMMITTEE
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
DEFERRED BACK TO COMMITTEE DEFERRED BACK TO COMMITTEE
Greg A. Jacoby, City Attorney Fred Olin, Councilmember