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Home My WebLink About3334 by Which the City Assumes th eRights, Powers, Functions, and Obligations of the Port Townsend Transportation Benefit District and Amending Port Townsend Municipal Code Chapter 12.50 Port Townsend Transportation Benefit DistrictOrdinance 3334 Page 1 of 2 Ordinance 3334 AN ORDINANCE OF THE CITY OF PORT TOWNSEND BY WHICH THE CITY ASSUMES THE RIGHTS, POWERS, FUNCTIONS, AND OBLIGATIONS OF THE PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT AND AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 12.50 PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT WHEREAS, pursuant to Chapter 36.73 RCW, the City Council the City of Port Townsend on July 24, 2023 adopted Ordinance No. 3319 creating the Port Townsend Transportation Benefit District (PTTBD) with the same boundaries as the City limits; and WHEREAS, RCW36.74.010 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 February 20, 2024, the City adopted Resolution No. 24-010, 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 PTTBD; and WHEREAS, Resolution No. 24-010 set a public hearing for March 18, 2024, and notice of the resolution was published in The Port Townsend Leader twice in the two weeks prior to the scheduled hearing; and WHEREAS, the City Council held a public hearing on March 18, 2024, and took testimony from all parties on the assumption of the rights, powers, functions, and obligations of the PTTBD; and WHEREAS, the City Council desires to continue the work and functions of the PTTBD as defined in state law and Ordinance No. 3319 without the necessity of maintaining a separate entity; and WHEREAS, the City's assumption of the rights, powers, functions, and obligations of the PTTBD 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, functions, and obligations of the PTTBD„ NOW, THEREFORE, the City Council of the City of Port Townsend do ordain as follows: Section 1. wFinpLings M The recitals set forth above are hereby incorporated as if set Forth herein in full. Ordinance 3334 Page 2 of 2 ectiion 2. Assumpmtjc, o. th 1'..i1�13 Pursuant to Chapter 36.74 RCW, the City of Port Townsend hereby assumes all the rights, powers, functions, and obligations of the PTTBD. The City is hereby vested with each and every right, power, function, and obligation currently granted to or possessed by the PTTBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised or performed by the governing body of the PTTBD are hereby assumed by and transferred to the Port Townsend City Council. 5coti'o' ,. _"Arlie l��mient, Chapter 12.50 of the Port Townsend Municipal Code is amended in substantially the same form as set forth in Exhibit A. Section 4. No„i,N stJng Right IM aired.w Pursuant to RCW 36.74.040, this assumption does not impair or alter any existing rights acquired by the PTTBD 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 PTTBD or 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. Severablityw. If any 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 or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. SectionM6.w„ Corrections. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser are further authorized to make non -substantive edits related to numbering, grammar, spelling, and formatting consistent with this ordinance Section 7. Effective Date. This Ordinance shall take effect and be in force five days after the datey of its publication :......................... in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 18th day of March 2024. -" r David J. Fiber Mayor Attest: "M gg " ..... Alys ' l eodr i es City Clerk EXHIBIT A Chapter 12.50 PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT Sections: 12.50.010 Establishment of transportation benefit district. 12.50.015 .s tamlrtxo,yi of the tray mbenefit district... 12.50.020 Governing body. 12.50.030 Authority of the board. 12.50.040 Transportation improvements funded. 12.50.050 Dissolution of district. 12.50.060 Liberal construction. 12.50.010 Establishment of transportation benefit district. There is created a transportation benefit district to be known as the Port Townsend 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. 12.50.015 Assumption of the Transportation ortation Benefit District Pursuant to Chapter 36 74 ,RmCW, _ rgjn and after the effective date oftllis„ordinance, the City of mmmm _ gw 1 , ' ntiesfuncti,ons, and obligationswwof the Port Townsend assumes all of the ri hts i aw r� immu Port Townsend °l"rst ► tati at't�_Benef t District reviously established this chapter and the Citym ---- ofPortTrlwnctci is hereby yestedmwtth each and mmevery raghtpower, �tmtarutlte;functions andµ obltgattc�n ranted,tn or possessed bywtlae Pork Townsend Transportat�ct1 Benefit Districttinder Chaptermm36 73 QK his chapter, and any atltgApletaw_mas of theeffectivedate of this,,, catrtcittl rtcc The goy<e mn ng lac�cky t:l... i c i'casY ictwr ,s r cimTransortati(, itTIeTefit District is abolishd. and thwimmunitca tictr �a v . t ciw_t►ill.ig� tioraS S.)t h t >ta ..c ca r t c l_ carp. tMlo)tt c l wti c c>vc li1 d k ol,..tl eC?catt Mlc r to e acl. l rr t kattcara eyieti.t District �c�,tc�1 in the... 1 Port Townsend (11y .otLqeil. 12.50.020 Governing body. A. The- mxing4, , `1 rdLy f-theµ istr- ;t t all--be-the-memt rs wkl ..lit '1 w city e auaa l..a t a�,..imr ar a a111e,i and i e ader t eal e t ;... 1e� l a,ll l t1ae autlae city -to. 1�:...=f1�e-treau�e� c�fwt,be�t s �tt�i��r��enef-datrit.:µ 1-tl�.i�w..f�ar�ee�arad_te l�g„y-. srvt�.�:lir :ter.:-u�l�w.t1�.oi.ty...finan-an�l�t 1,�logy . e-�+re =.� 1•stablltt�o"se.. 1"u�-ar��ae�uot-��1`0"1�"-.tl�e�distr-ie � rlrec d...l�ull-li;�b�cl��s-aroma "�r;... -l. f :-'1.h", 1 r# l fl ,s lerkm . f-t-be-governi f +xwd, i-4 the- is iet� �tga y de l ram+ lm v ..leg l d `ww ri a - wl anite tf Iset4 1�:� t.irag�-ol":..tl�e la��a��-�sl�all-l�eger��ed-�a�.l-l�r � d��ral--�a�plliealalewtia;g-c��i�.. atl e es:ale takelaev-jtl� ��ei sel�duled� �%�;�ky..��1��t��,.�. "1: a 1' It lca 5etlei C"it r Cmra Macil,,slall .,be vested with thqatw�1��l �_thc...sqatqtcary.. powers act forth in Chapterm36 73 RCW and this chapter. B. The City f"oncl ;hall mznplement the g1�teial change lrcl,euous?dtcd ley the Port Tca n eq ...1 raq ;pt rtatmrc l Benefit i`�trict that addresses ti;�ajaar��latl h��► g thatwg��,e�t. ct t�mye� rat t@rq hart tc>_i r1an e_the an pur raatat t tla r c a rrea z t , et t rtil in R ' m 36,73 w160m(1�, m. Ct_ThP.k'_J 2 "atu a .!:t shall tss,t an a rt � l repa t purse rlt t the.: q nenieegts of RC 12.50.030 Authority of the board. Toll � trd it provided ct�.q_g. ?y.gt-fit tllr-►r hits '1ty CpU1 cil, shall have and exercise all powers and functions by Chapter 36.73 RCW to fulfill the functions of the district, including without limitation the power to request voter approval of, and thereafter impose and collect, a sales and use tax in accordance with RCW 82.14.0455, 12.50.040 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 RCW. The funds may be utilized for any lawful purpose under this 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 RCW 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 RCW 36.73.050(2)(b) following notice, public hearing and enactment of an authorizing ordinance. 12.50.050 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 operation are ongoing, long-term obligations of the city. 12.50.060 Liberal construction. As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally constructed to permit the accomplishment of its purposes.