HomeMy WebLinkAbout3593 ORDINANCE NO. .
AN ORDINANCE of the City of Port Angeles, Washington, by which
the City assumes the rights, powers, functions, and obligations of
the Port Angeles Transportation Benefit District, and amending
Chapter 11.20 of tine Port Angeles municipal code.
WHEREAS, pursuant to Chapter 36.73 RCW, the City Council of the City of Port
Angeles on April 4, 2017 adopted Ordinance No. 3578 creating the Port Angeles, Transportation
Benefit District(PATBD) with the same boundaries as the City limits; and
WHEREAS, RCW 36.74,010 authorizes 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, to assume the rights, powers, functions, and obligations of the
transportation benefit district; and
WHEREAS,on October 17,2017,the City adopted Resolution No.23-17, a resolution
expressing the City's intent to conduct a public hearing to consider the proposed assumption of
the rights, powers, functions, and obligations of the PATBD- and
WHEREAS, Resolution No. 23-17 set a public hearing for November 7, 2017, and
notice of the resolution was published in The Daily News twice in the two weeks prior to the
scheduled hearing; and
WHEREAS, the City Council held a public hearing on November 7, 2017, and took
testimony from all parties on the assumption of the rights, powers, functions, and obligations of
the PATBD; and
WHEREAS, the City Council desires to continue the work and functions of the
PATBD as defined in state law and Ordinance No. 3578 without the necessity of maintaining a
separate entity; and
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WHEREAS,the City's assumption of the rights,powers, functions,and obligations o
the PATBD would provide for more transparent and efficient administration of transportation
maintenance and improvement funds previously authorized to be collected and expended by the
District; and
WHEREAS, the City Council finds that the public interest and welfare would be
satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the
PATBD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITE' OF PORT ANGELES,
WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1 - F ndinp-s, The recitals set Barth above are hereby incorporated as
if set forth herein in full.
Section 2 — Assumption of the PA FB D. Pursuant to Chapter 36.74 RCW,
the City of Dort. Angeles hereby assumes all the rights, powers, immunities, functions,
and obligations of the PATBD. "he City, is hereby vested with each and every right,
power, immunity, function, and obligation Currently granted to or possessed by the
PAl'13D as of the effective date of this Ordinance. The rights, powers, functions, and
obligations previously exercised or performed by the governing body of the PATBD are
hereby assumed by and transferred to the fort Angeles City Council.
Section 3 - Amendment. Ordinance 3578 and Chapter 11.213 of the fort
Angeles Municipal Code are amended as follows:
CHARTER 11.20— PORT ANGELES TRANSPORTATION l~IENEI IT DISTRICT
11.20.010_ Establishment of Transportation Benefit District.
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_- -=-- urnp ic► of r Iaort ap 'r► Vit_ t� a,
11.20.02 - Governing beefd h_v.
11.20.030 - Authority of the 4istrietCa:�;y.
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11.20.040-Transportation improvements funded.
11 20.050 - Dissolution of district.
1.1.20.060 - Liberal construction.
11.20.0 t 0 - Establishment of Transportation Benefit district.
There is created a Transportation Benefit District ( to be known as the Port Angeles
Transportation Benefit District or "district" with geographical boundaries comprised of the
corporate limits of the City as they currently exist or as they may exist following future
annexations.
...:..2 .. -_. surnption« r� pft 1J-_t
Pursuant..t ._Chapter....36.74 PC W', from..bpd aftuthc effective data of th C ra �. o tic tty_of
1':awaw zagee assumc all..ra. the At ... . rs . mxn �taM z.ons apl ehIgaCto of the Pert
pgele_ Transportation 13 fif.. istri_ 1.::,pf`gvi to h; zr�thu 1 ... p.,, jK. " Port
Angeles is hereby.jestedrtth..._.. .:.h. .o:l.' `'..._ . t....Po : r aaumt ' ::wfr ....t ._ zt „aatrc
,rantedt c gc
RC this,chagter, and ani�atl�� gpptjg � lav s of the_effective,date cif thts.. r than_
,go w =1h.9 id 19bs
Povrrers functions, and obli liens t �p-gs%y...c used or perforcnecl:_lay the=gvo ra ng b l f
the t n elus Tran +2rt t c n 3 .t L t t aro vested to the Porgy
11.2 0.020- Governing boW hotly.
A. The governingboaM ”" ""
the Port Angeles City Council i i and independent eapaeity, Nxrh shall
have beJyested'with the authority to exercise the statutory powers set forth in Chapter 36.73
C"
l ' andnthis cyto .
Gity0meffiffan6a]-Offieer.
of the
And, -t
Benefit Distnet.
G . The board City Council shall p-a-irncrnnt._the material change policy pry%c
opted_:� Porgy Angeles rams nit t an Benefit mDistrlct-t�►--tl t addresse major plan
changes that affect project delivery or the ability to finance the plan, pursuant to the
requirements set forth in RC"W 36.73.160(t).
City Couneil, as these .
may be amended by the City Gouneil fr-ofn time to time. Board
aetions sha4l be taken in thA same fmamer-and follow the same prineedufe as 1"Of".
of City Couneil feselut A A--+. of Ohe possible,take plaee ea4he
'. The boafd Qtty=QgMU i shall issue an annual report, pursuant to the requirements of RC'W
36.73.1601(2).
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11.20.030_ Authority of the distrie4 �fy.
The boallyi 4 ttr _.b nd._t r ► h t ►u wM shall have and exercise all powers an 'i
functions provided by Chapter 36.74 law to fulfill the funetions of the distfiet,p__T § pfCMW
36.33 and thin. h#pWL including without limitation the power to request voter approval of, and
thereafter impose and collect, a sales and use tax in accordance with ltCW 82.14.0455.
11.20.040- "Transportation improvements funded.
The funds generated by the Transportation Benefit District shall be used for transportation
improvements that preserve, maintain and operate the existing transportation infrastructure of the
City, consistent with the requirements of Chapter 36.73 R.CW. The funds may be utilized for any
lawful purpose under the chapter;but all funds raised through the TBD shall be expended only for
such preservation, maintenance and operation in accordance with the provisions of Chapter 36.73
R.0 W as the same exists or is hereafter amended..The funds expended by the district shall preserve,
maintain and operate the City's previous investments in the transportation infrastructure, reduce
the risk of transportation facility failure, improve safety, continue the cost-effectiveness of the
City's infrastructure investments, and continue the optimal performance of the transportation
system.Additional transportation improvement projects may be funded only after compliance with
the provisions of RC U 36.73.050(2)(b) following notice, public hearing and enactment of an
authorizing ordinance.
11.20.050-Dissolution of district.
The Transportation Benefit District shall be automatically dissolved when all indebtedness of the
district has been retired and when all of the district's anticipated responsibilities have been
satisfied. Street preservation,maintenance and opt-ration are ongoing, long-term obligations of the
City.
11.20.060 Liberal construction.
As authorized pursuant to RCW 36.73, this chapter shall be liberally constructed to permit the
accomplishment of its purposes..
Section 4 —No Existin Ripht Impaired. pursuant to RCW 36.74.01440, this assumption
does not impair or alter any existing rights acquired by the PATBD under chapter 36.73 RCW or
any other provision of law relating to transportation benefit districts. Nor does this assumption
impair or alter any actions, activities, or proceedings validated thereunder; any civil or criminal
proceedings instituted thereunder; any rule, regulation, or order promulgated thereunder; any ,
administrative action taken thereunder; or the validity of any act performed by the PA'TBD or
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division thereof or any officer thereof prior to the assumption of such rights, powers, functions,
and obligations by the City as authorized under the law.
Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener's/clerical en-ors,references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 6- Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not afYected.
Section 7 - Effective Date. 1"his, Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
PASSED by the City Council ofthe City ofPort Angeles at a regular meeting of said Council
held on the 21 st day of November 2017.
Patrick.Downie,Mayor
APPROVED AS T °I ORM: ATTEST:
William E. Blour, City Attorney JennifeVeneklasen, City Clerk
PUBLISHED: 2017
By Summary
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Summary of Ordinance adopted by the Port Angeles City Council on November 21.2017
ORDINANCE NO.3592
AN ORDINANCE of the City of Port Angeles, Washinglon, levying regular ad valorem property
taxes for the fiscal year 2018, and directing the City Clerk to certif) said amount to the Board of
Clallam County Commissioners.
ORDINANCE NO.3593
AN ORDINANCE of the City of Port Angeles, Washington, by which the City assumes the rights,
powers, functions. and oblications of the Port Angeles Transportation Benefrt District, and
amending Chapter I 1.20 of the Port Angeles Municipal Code.
ORDINANCE NO.3594
AN ORDINANCE of the City of Port Angeles, Washington, amending Chapters 3.70, 10.26,
12.04, and 12.12 pertaining to housekeeping changes in City parks fees, definitions and operations
of the Port Angeles Municipal Code as follows.
The full texts of the Ordinances are available at City Hall in the City Clerk's oflice, on the City's
website at www.citvofpa.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary:November 30 2017