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007-10 - Ordinance - Requesting Election Regarding AnnexationIntroduced by: City Attorney Requested by: City Attorney Drafted by: City Attorney Introduced: April 27, 2010 Adopted: April 27, 2010 ORDINANCE NO. 007-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REQUESTING AN ELECTION ON AUGUST 17, 2olo REGARDING ANNEXATION OF THE CITY OF PORT ORCHARD INTO THE KITSAP COUNTY RURAL LIBRARY DISTRICT WHEREAS, the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") is a rural county library district as that term is defined in RCW 27.12.oro; and WHEREAS, RCW 27.12.36o describes the procedure by which a city may annex into an existing rural county library district; and WHEREAS, RCW 27.12.36o authorizes the City Council to initiate the process for submitting a ballot proposition to the voters of the City to authorize annexation of the City into the Library District; and WHEREAS, RCW 27.12.36o requires annexation to be initiated by an ordinance stating the City's intent to join the Library District and finding that the public interest will be served thereby; and WHEREAS, if the Library District concurs in the annexation, notification thereof shall be transmitted to the Kitsap County Commissioners to call for an election in accordance with RCW 27.12.370; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City of Port Orchard declares its intent to join and be annexed into the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") subject to the voters' approval after an election held in accordance with RCW 27.12.370. After considering the options for providing library services to City residents, the City Council finds that the public interest will be best served by annexation into said Library District. SECTION 2. The City Council requests that the Kitsap County Commissioners submit to the voters of Port Orchard, at an election to be held on August 17, 201o, a ballot proposition asking if the City of Port Orchard shall be annexed to and be a part of the Kitsap County Rural Library District d/b/a Kitsap Regional Library. Ordinance No. 007-10 Page 2 of 2 SECTION.q. The City Council has requested that the Board of Trustees of the Library District concur in the proposed annexation of the City into the Library District. The Mayor is authorized to provide to the Library District any and all documents as may be required and to take such action as may be necessary to facilitate and effect the annexation. In accordance with RCW 27.21.36o, the City has submitted this ordinance to the City of Port Orchard Library Board for its review and recommendations. SECTION a. The City further declares that if and when it is annexed into the Library District, the Library District's property tax levy rate shall be separate and in addition to the City's regular property tax levy rate in each year, subject to limitations established by state law. SECTION .r;. The annexation shall be effective on the date the election results referred to Sections 1 and 2 are certified. SECTION 6. 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 7. 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, P VED by t Mayor and attested by the Clerk in authentication of such passage thisn,7th f Ap row A S: Patricia J. Kir p trick, CMC, City Clerk APPROVED AS TO FORM: 17 city orney 4&v Robert Putaansuu, Councilmember 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 April 27, 2010. ORDINANCE NO. 007-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REQUESTING AN ELECTION ON AUGUST 17, aolo REGARDING ANNEXATION OF THE CITY OF PORT ORCHARD INTO THE KITS" COUNTY RURAL LIBRARY DISTRICT Copies of Ordinance No. 007-10 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. 007-10 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent April 30, 2010