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HomeMy WebLinkAboutORD 6121CITY OF RENTON, WASHINGTON ORDINANCE NO. 6121 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE RENTON TRANSPORTATION BENEFIT DISTRICT, AMENDING CHAPTER 5-27 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 14, 2023, the City Council adopted Ordinance No. 6115 creating the Renton Transportation Benefit District (RTBD) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Senate Bill 5987 (SESSB 5987) which, at section 301, codified in chapter 36.74 RCW authorizes the City to assume the rights, powers, functions, and obligations of the existing RTBD; and WHEREAS, the City Council desires to continue the work and function of the RTBD as defined by chapter 36.73 RCW and Ordinance No. 6115 without the necessity of maintaining a separate entity; and WHEREAS, the City Council, after giving proper notice, conducted a 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 RTBD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 6121 SECTION I. Pursuant to SESSB 5987 Section 301 and Section 303, codified in chapter 36.74 RCW, the City of Renton hereby assumes all of the rights, powers, immunities, functions, and obligations of the RTBD. The City is hereby vested with each and every right, power, immunity, function, and obligation currently granted to or possessed by the RTBD as of the effective date of this Ordinance. The rights, powers, functions, and obligations previously exercised and/or performed by the governing body of the RTBD are hereby assumed by and transferred to the Renton City Council. SECTION II. Pursuant to SESSB 5987 Section 303(2), codified in RCW 36.74.030, the governing body established in RMC 5.27.020 is hereby abolished and the City Council is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the RTBD. SECTION III. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION IV. Chapter 5-27 of the Renton Municipal Code is amended to read as follows: CHAPTER 5.27 RENTON TRANSPORTATION BENEFIT DISTRICT SECTION: 5-27-010: Establishing Transportation Benefit District, 5-27-020: Governing b Transportation Benefit District Assumed. 5-27-030: Powers of the district, 5-27-040: Use of funds. 5-27-050: Dissolution of the District 5-27-010 ESTABLISHING TRANSPORTATION BENEFIT DISTRICT: 2 ORDINANCE NO. 6121 There is hereby created Renton Transportation Benefit District (RTBD) with geographical boundaries comprised of the existing corporate limits of the City, and as those boundaries may be adjusted in the future. 5-27-020 GOVERNING RGARD TRANSPORTATION BENEFIT DISTRICT ASSUMED: The rights, powers, immunities, functions and obligations of RTBD are assumed by the City of Renton which is vested with every right, power immunity, function and obligation granted to and possessed by the 10113 5-27-030 POWERS OF THE DISTRICT: A. The Beard City of Renton shall have and may exercise any powers set out in chapter 36.73 RCW to fulfill the purpose of the RTBD. B. Consistent with RCW 36.73.020(4), the secretary/treasurer of RTBD shall be the City Finance Administrator. As such, the Finance Administrator shall establish those funds and accounts on behalf of RTBD as required and shall disburse funds and pay claims as approved by the RTBD Board and prepare and maintain such accounts either as appropriate armor required by state or federal law or both. C. The City Attorney will serve as legal advisor to the RTBD Board, except where separate counsel is engaged by RTBD. D. Other City employees shall carry out the operations of RTBD as agreed by RTBD and the City. Such employees and the contracts of RTBD shall be overseen 3 ORDINANCE NO. 6121 and administrated either by the Mayor armor heF/histhe Mayor's designee or both. E. The RTBD Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty percent 20% , as identified in the District's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. F. The RTBD Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 5-27-040 USE OF FUNDS: Funds available to the RTBD may be used for any purpose allowed by chapter 36.73 RCW with emphases emphasis on meeting the unfunded needs of the City's Overlay Program and Walkway Program within the currently adopted Six Year Transportation Program. 5-27-050 DISSOLUTION OF THE DISTRICT: The district shall be dissolved when all indebtedness of the district is retired and when all the district's anticipated responsibilities have been satisfied. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City 4 ORDINANCE NO. 6121 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 9th day of October, 2023. APPROVED BY THE MAYOR this 9th day of October, 2023. Approved as to form: Shane Moloney, City Attorney Date of Publication: 10/12/2023 (Summary) ORD-PW:2273:08/28/2023 Armogdd y- (( e, Mayor F Re -% CJit * SEAL if i"I'l,,Gq� +ED S0 61