2015/12/30 Council Agenda Packet

R 4 V T • ORDINANCE NO. AN ORDINANCE ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND OBLIGATIONS OF THE EVERETT TRANSPORTATION' BENEFIT DISTRICT WHEREAS, the City Council of the City of Everett adopted Ordinance No. 3386-14 creating the Everett Transportation Benefit District (TB D) with the same boundaries as the City limits; and 'WHEREAS, Second Engrossed Substitute Senate Bill 5987, in Section 302,which took effect on July 15,2015,provides that "the assumption of the rights, powers, functions and obligations of a transportation benefit district may be initiated by the adoption of an ordinance or resolution by the city or county legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights,powers, functions and obligations';and WHEREAS,the City of Everett adopted Resolution a resolution expressing the city's intent to assume the TBD on December 9, 2015; and WHEREAS,Resolution` set a public hearing for December 30,2015 and notice of said ordinance was publi shed twice in the two weeks prior to the scheduled hearing; and WHEREAS,the City Council held a public hearing and tools testimony from all parties on the assumption of the rights, powers, functions and obligations of the transportation benefit district on December 30,2015;and • WHEREAS,the City Council considered the assumption of the rights, powers, functions and obligations of the transportation benefit district and heard those appearing and all protests and objections to it;and • • • WHEREAS, the City Council determines and finds that the public interest and welfare is satisfied by the City assuming the rights, powers, immunities,functions, and obligations of the Everett Transportation Benefit District;and WHEREAS,the City Council declares its intent to assume such rights,powers,immunities, functions,and obligations by ordinance,providing that the City is vested with every right,power, immunity,function,and obligation currently granted to or possessed by the TBD;and WHEREAS,the City Council after such assumption desires to continue the work and functions of the TBD as defined in state law and Ordinance No. 3386-14; NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact and/or Conclusions of Law of the City Council. The City Council bases its findings and conclusions on the entire record, including all written and oral testimony before the City Council. This ordinance is to be liberally construed to accomplish the purpose of the City assuming the rights, powers, immunities, functions, and obligations of the TBD with the broadest possible authority under Chapter 36.73 RCW as it now exists or is hereagl amended.