020-16 - Ordinance - Repealing Ordinance 010-16 and Repealing Section 12.125 for the TBDORDINANCE NO. 020-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, KITSAP COUNTY, WASHINGTON, REPEALING
ORDINANCE NO. 010-16, 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 ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 36.73 of the Revised Code of Washington (RCW) authorizes the
legislative authority of a city to establish a transportation benefit district (TBD) within the city
area for the purpose of acquiring, constructing, improving, providing, and funding a
transportation improvement within the district that is consistent with any existing state,
regional, or local transportation plans and necessitated by existing or reasonably foreseeable
congestion levels; and
WHEREAS, while RCW 36.73 originally authorized a TBD to be created as a separate
entity with specific rights, powers, functions and obligations, 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 TBD
has been established pursuant to Chapter 36.73 RCW with boundaries coterminous with the
boundaries of the city or county, the legislative authority of that city or county may absorb that
TBD and assume all of the TBD's rights, powers, functions, and obligations; and
WHEREAS, on December 8, 2015 and pursuant to RCW 36.73, 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 with boundaries coterminous with the
boundaries of the City and with all Council members serving as the TBD board members and
taking on all rights, powers, functions and obligations of the TBD; and
WHEREAS, thereafter, City staff held the mistaken belief that Ordinance No. 027-15 had
created the TBD as a separate entity, rather than as one in which the City Council had absorbed
the TBD and assumed all of its rights, powers, functions and obligations, and determined that it
was necessary to hold a public hearing and potentially pass an ordinance to absorb the TBD;
and
Ordinance No. 020-16
Page 2 of 3
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, on June 14, 2016, the City Council adopted Ordinance 010-16 to authorize
the City to absorb the TBD and assume all of its rights, powers, functions and obligations; and
WHEREAS, Ordinance 010-16 is a duplicate ordinance in that it accomplishes the
absorption of the TBD by the City, which act was already accomplished under Ordinance 027
15, and nothing else; and
WHEREAS, the City Council has determined that Ordinance 010-16 should be repealed
in its entirety; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. 010-16 is hereby repealed in its entirety.
Section 2. 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 3. 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 4. 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.
Ordinance No. 020-16
Page 3 of 3
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 26th day of July 2016.
ATTESTED:
APPROVED AS TO FORM: ^ n
Cates, City Attorney
Robert Putaansuu, Mayor
Brandy Rinearson, City Clerk, CMC
Sponsored by:
C 0 O ^ °
"i • <A V°
XfoVifc^V
Bek Ashby, Councilmember
PUBLISHED: August 5, 2016
EFFECTIVE DATE: August 10, 2016
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 July 26th, 2016.
ORDINANCE NO. 020-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
KITSAP COUNTY, WASHINGTON, REPEALING ORDINANCE NO. 010-16,
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 ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 020-16 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. 020-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 5th, 2016