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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010-16 was a purely duplicative ordinance; and WHEREAS, the Council has determined that Ordinance 010-16 was mistakenly repealed, as the assumption of the TBD by the City was appropriately accomplished by that ordinance; and WHEREAS, the Council is considering adopting an ordinance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 Page 2 of 2 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