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HomeMy WebLinkAbout6739 ORDINANCE NO. 6739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT WHEREAS, on September 19, 2011 , the City Council adopted Ordinance No. 6377 creating the Auburn Transportation Benefit District ("Auburn TBD") with geographical boundaries comprised of the corporate limits of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1 , 2015, the Washington State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (SESSB 5987) codified in Chapter 36.74 RCW, which, in Section 36.74.030, authorizes the City to assume the rights, powers, functions, and obligations of the existing Auburn TBD; and WHEREAS, the Auburn Transportation District does has not collected or spent any funds, does not have any contracts, has not committed to any projects, and does not have any assets; and WHEREAS, on November 4, 2019, the City Council adopted Resolution No. 5462, the City declared its intent to conduct a public hearing to consider the proposed assumption of the rights, powers, functions, and obligations of the existing Auburn TBD; and WHEREAS, on November 18, 2019, the City Council conducted the public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and Ordinance No. 6739 October 18, 2019 Page 1 of 3 Rev. 2019 WHEREAS, the City Council has determined that the public interest and welfare will be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the existing Auburn TBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Assumption of Auburn Transportation Benefit District. Pursuant to RCW 36.74.020, the City of Auburn hereby assumes all of the rights, powers, immunities, functions, and obligations of the Auburn TBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the Auburn TBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the Auburn TBD are hereby assumed by and transferred to the Auburn City Council. Section 2. Amendment to Auburn City Code. Chapter 3.23 of the Auburn City Code is amended to read as set forth in Exhibit A. Section 3. Rules, Regulations, Pending Business, and Contracts. Pursuant to RCW 36.74.050, all rules and regulations and all pending business before the board of the Auburn TBD shall be continued and acted upon by the City Council. In addition, pursuant to Section 305(2), all existing contracts and obligations of the Auburn TBD remain in full force and effect and must be performed by the City. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized under the law. Ordinance No. 6739 October 18, 2019 Page 2 of 3 Rev.2019 Section 4. Records of the Auburn TBD. Pursuant to RCW 36.74.060, all reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Auburn TBD must be made available to the City. Section 5. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: NOV 1 8 2019 PASSED: NOV 1 8 2019 APPROVED: NOV 1 8 201:9 ANCY B US, MAYOR ATTEST: APPRSVEDwAS TO FORM: Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney Published: Nwillobtlim 6(( 11 ttj Ordinance No. 6739 October 18, 2019 Page 3 of 3 Rev.2019 ORD 6739 EXH.A Ch.3.23 Transportation Benefit District I Auburn City Code Page 1 of 3 Chapter 3.23 TRANSPORTATION BENEFIT DISTRICT Sections: 3.23.010 Assumption of powers and functions of Transportation Bbenefit dDistrict-end. 3.23.020 Governing board. 3.23.030 Authority of the district. 3.23.040 Use of funds. 3.23.050 Dissolution of district. 3.23.060 Liberal construction. 3.23.010 Assumption of powers and functions of Ttransportation benefit district established. As authorized by Chapter 36.74.030 of the Revised Code of Washington,the City of Auburn assumes all rights,powers,immunities,functions,and obligations that were possessed and exercised by the There is , ., .. -• - - . . •• .. •:Auburn fl'ransportation bBenefit dDistrict er- - _ ._.. . . • . • .All actions of the city taken under the authority conferred on a transportation benefit district will be specifically identified.(Ord.6377§3,2011.) 3.23.020 Governing board. The • • _ •--• . . .. • - • -= Auburn city council seting-in-an ex • _ • .. - . , -• - shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. meter. The Auburn City Code is current through Ordinance 6719,and legislation passed through June 17,201... ORD 6739 EXH.A Ch.3.23 Transportation Benefit District I Auburn City Code Page 2 of 3 - - .. - ! .... . _ . • . - • •- : ! .... engaged-b)411e- : ! . _ ' . •• • .. 'nter'est: • ... . .._. •. .. .. - Y _ . by-the-board.(Ord.6377§3,2011.) 3.23.030 Authority . The board-city shall have and may exercise any powers provided by law to fulfill the purpose of the district. (Ord.6377§3,2011.) 3.23.040 Use of funds. The funds generated under the authority granted to a by-the-transportation benefit district may be used for any purpose allowed by law including making e-transportation improvements that are consistent with existing state,regional,and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW.The transportation improvements funded by-under the authority of a district shall be made in an effort to protect the city's long-term investments in its infrastructure,to reduce the risk of transportation facility failure,to improve safety,to continue optimal performance of the infrastructure over time,to avoid more expensive infrastructure replacements in the future and to improve modal connectivity within the city of Auburn.Additional transportation improvement projects- may be funded only after compliance with the provisions of RCW 36.73.050(2).(Ord.6377§3, 2011.) The Auburn City Code is current through Ordinance 6719,and legislation passed through June 17,201... ORD 6739 EXH.A Ch.3.23 Transportation Benefit District I Auburn City Code Page 3 of 3 3.23.050 Dissolution of district. 3.23.0650 Liberal construction. As authorized pursuant to Chapter 36.73 RCW,this chapter shall be liberally construed to permit the accomplishment of its purposes.(Ord.6377§3,2011.) 20-0: b. •-- _ _ • ' _ :1 ... _ .. ... _ —•• - - .. . . eity-c4erles-office for-ordinances passed subsequent to the-ordinance-cited...above •• The Auburn City Code is current through Ordinance 6719,and legislation passed through June 17,201...