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: