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the annual special assessment amount for the BIA, requesting termination of the BIA and special <br /> assessment levy, or by Resolution and Ordinance of the City Council. The BIA and the special <br /> assessment levy therefore shall continue for a period of five years from the effective date of this <br /> ordinance unless, at least ninety days prior to such termination, a petition is submitted to the City <br /> requesting the continued existence of the BIA, with such petition containing the signatures of the <br /> owners of property in the BIA who will pay sixty percent or more of the annual special assessment <br /> for the BIA, or the City Council gives notice of intent to extend the BIA through resolution and <br /> public hearing, pursuant to Chapter 35.87A RCW. <br /> Section 20. Changes in Budget. <br /> If the City Council finds that: (1)by reason of changed conditions or unanticipated circumstances, <br /> it is in the best interest of the participants in the BIA to provide changes to the approved budget; <br /> or(2)changes in the approved budget are necessary in order to best meet the objectives or purposes <br /> for which the BIA was formed; or (3) the total assessments collected are greater or less than <br /> anticipated,then the City Council may,by ordinance,amend the budget and reallocate the funding <br /> for the particular programs or services to be provided, and to provide funding for such other <br /> purposes as may be necessary, and determined by the City Council, to best serve the purposes for <br /> which the BIA was formed, in light of the conditions or unanticipated circumstances which then <br /> exist. <br /> Section 21. Disestablishment of Area—Assets and Liabilities. <br /> In accordance with RCW 35.87A.190, upon disestablishment, termination, and dissolution of the <br /> BIA, any proceeds of the special assessments or assets acquired with such proceeds, or liabilities <br /> incurred as a result of the formation of such BIA,shall be subject to disposition as the City Council <br /> shall determine;provided,however,that any liabilities,either current or future, incurred as a result <br /> of action taken to accomplish the purposes of RCW 35.87A.010 or the purposes of the BIA shall <br /> not be an obligation of the General Fund or any special fund of the City of Everett,but such liability <br /> shall be provided for entirely from available revenues generated from the special assessments <br /> under this ordinance. <br /> Section 22. Transfer of Assets and Assumption of Liabilities. <br /> All assets of the BIA established under Ordinance No. 2842-05 and disestablished by Resolution <br /> are transferred to the BIA established under this Ordinance.All liabilities of such BIA are assumed <br /> by the BIA established under this Ordinance. <br /> Section 23. Severability. <br /> Should any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance <br /> or its application to any person or situation, be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this Ordinance or <br /> its application to any other person or situation. The City Council hereby declares that it would <br /> have adopted this Ordinance and each section, subsection,paragraph, sentence, clause,phrase, or <br /> Page 8 of 11 <br />