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HomeMy WebLinkAbout01/10/2017 10 Transportation Benefit District Rights, Functions and Obligations 10 I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 10. For Meeting of: January 10, 2017 ITEM TITLE: Public Hearing for assuming the rights, powers, immunities, functions and obligations of the City of Yakima Transportation Benefit District (TBD) pursuant to Chapter 36.74 of the Revised Code of Washington (RCW) SUBMITTED BY: Cindy Epperson, Finance and Budget Director Bronson Faul, Senior Assistant City Attorney SUMMARY EXPLANATION: RCW 36.74.010 authorizes the legislative authority of a city to assume the rights, powers, immunities, functions, and obligations of a transportation benefit district. If the City Council creates the City of Yakima TBD with boundaries coterminous with the boundaries of the City of Yakima, all in accordance with Chapter 36.73 RCW, a public hearing is required prior to assumption of the TBD. Following that public hearing, if 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 City of Yakima TBD, a draft ordinance assuming the TBD is attached. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance. BOARD/COMMITTEE RECOMMENDATION: Complete the Public Hearing and, if Council chooses, pass the ordinance. ATTACHMENTS: Description Upload Date Type D Ordinance TB ID A.ssumption 12./7/2016 Ordinance ORDINANCE NO. 2017- AN ORDINANCE of the City of Yakima, Washington, assuming the rights, powers, functions and obligations of the City of Yakima Transportation Benefit District (TBD) pursuant to Chapter 36.74 of the Revised Code of Washington (RCW). WHEREAS, on January 10, 2017, the City Council created the City of Yakima TBD with boundaries coterminous with the boundaries of the City of Yakima, all in accordance with Chapter 36.73 RCW; and WHEREAS, RCW 36.74.010 authorizes the legislative authority of a city to assume the rights, powers, functions, and obligations of a transportation benefit district; and WHEREAS, on December 13, 2016 the City Council adopted a Resolution setting a public hearing to consider the proposed assumption of the rights, powers, functions, and obligations of the City of Yakima TBD; and WHEREAS, on January 10, 2017, the City Council conducted the public hearing allowing all persons interested in the proposed assumption the opportunity to be heard; and 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 City of Yakima TBD; Now, Therefore; BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Pursuant to Chapter 36.74 RCW, the City of Yakima hereby assumes all of the rights, powers, immunities, functions, and obligations of the City of Yakima TBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the City of Yakima TBD as of the effective date of this Ordinance. Section 2. The governing body established pursuant to RCW 36.73.020 of the City of Yakima TBD is hereby abolished and the City Council for the City of Yakima is vested with every right, power, immunity, function, and obligation currently granted to or possessed by the City of Yakima TBD. Section 3. Severability. If any portion or section of this Ordinance should be held to be unconstitutional, invalid, or unenforceable for any reason, such finding shall not affect the constitutionality, validity, or enforceability of any other portion or section of this Ordinance. Section 4. This ordinance shall become effective and shall be in full force and effect 30 days after its passage and publication in accordance with law. PASSED BY THE CITY COUNCIL this 10th day of January, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: