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034-08 - Ordinance - New Chapter 2.82 Council Wards - REISSUED UNDER ORDINANCE 001-09RE-ISSUED UNDER ORDINANCE NO. 001-09 ORDINANCE NO. 034-08 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. 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. Ordinance No. 034-08 Page 2 of 4 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. (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. Ordinance No. 034-08 Page 3 of 4 (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. 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. Ordinance No. 034-08 Page 4 of 4 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. RE-ISSUED UNDER ORDIANCE 001-09_____ Lary Coppola, Mayor ATTEST: RE-ISSUED UNDER ORDIANCE 001-09 Patricia j. Kirkpatrick, City Clerk APPROVED AS TO FORM: Sponsored by: RE-ISSUED UNDER ORDIANCE 001-09__ RE-ISSUED UNDER ORDIANCE 001-09 Greg A. Jacoby, City Attorney Fred Olin, Councilmember