Chapter 11.25
ASSUMPTION OF TRANSPORTATION BENEFIT DISTRICT
Sections:
11.25.010 TRANSPORTATION BENEFIT DISTRICT ASSUMED.
11.25.030 AUTHORITY OF THE CITY.
11.25.040 TRANSPORTATION IMPROVEMENTS FUNDED.
11.25.050 NO EXISTING RIGHTS IMPAIRED.
11.25.060 RULES, REGULATIONS, PENDING BUSINESS, AND CONTRACTS.
11.25.070 REPORTS, BOOKS, AND RECORDS.
11.25.080 FUNDS, CREDITS, APPROPRIATIONS, FEDERAL GRANTS, OR OTHER ASSETS.
11.25.090 ASSUMPTION OF INDEBTEDNESS.
11.25.100 LIBERAL CONSTRUCTION.
11.25.010 TRANSPORTATION BENEFIT DISTRICT ASSUMED.
The City Council, by Ordinance No. 5076, as amended by Ordinance No. 5245, established a transportation benefit district with geographical boundaries comprised of the corporate limits of the City as they existed or as subsequently annexed, known as the Bremerton Transportation Benefit District (or "District"). RCW 36.74.010 authorizes any city in which a transportation benefit district has been established pursuant to Chapter 36.73 RCW, with boundaries coterminous with the boundaries of the city, to assume the rights, powers, functions, and obligations of the transportation benefit district. As authorized pursuant to RCW 36.74.010, the City of Bremerton assumes all of the rights, powers, functions, and obligations of the Transportation Benefit District previously established in this chapter, and the City of Bremerton is hereby vested with each and every right, power, function, and obligation granted to or possessed by the Bremerton Transportation Benefit District under Chapter 36.73 RCW, Chapter 36.74 RCW, this chapter, and/or any other applicable law, as currently enacted and subsequently amended. By this assumption of the rights, powers, functions, and obligations of the District, the Bremerton Transportation Benefit District will cease to exist as a separate entity. (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.020 GOVERNING BOARD.
As authorized pursuant to RCW 36.74.030(2), the governing body of the Bremerton Transportation Benefit District established pursuant to RCW 36.73.020 is hereby abolished and the City of Bremerton City Council ("City Council") hereby assumes and is vested with all the rights, powers, functions and obligations previously vested, exercised and/or performed by the governing body of the Bremerton Transportation Benefit District. (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.030 AUTHORITY OF THE CITY.
The City shall have the authority to exercise the rights, powers, functions and obligations set forth in this chapter and Chapter 36.73 RCW, as currently enacted and subsequently amended, including, but not limited to:
(a) Imposing a vehicle fee pursuant to RCW 36.73.065;
(b) Implementing a material change policy previously adopted by the Bremerton Transportation Benefit District to address major plan changes that affect project delivery of the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1); and
(c) Funding transportation improvements as authorized pursuant to BMC 11.25.040. (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.040 TRANSPORTATION IMPROVEMENTS FUNDED.
The revenues generated by the exercise of the powers granted in BMC 11.25.030 and/or Chapter 36.73 RCW may be used for any purpose allowed by law to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the City shall be made in an effort to protect the City’s long term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future and to improve modal connectivity within the City of Bremerton. Any expansion of these authorized purposes may be funded only after compliance with the provisions of RCW 36.73.050(b) or a vote of the people pursuant to RCW 36.73.065(c). (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.050 NO EXISTING RIGHTS IMPAIRED.
Pursuant to RCW 36.74.040, nothing in this chapter shall be construed as impairing or altering any existing rights acquired by the Bremerton Transportation Benefit District under Chapter 36.73 RCW, this chapter, or any other provision of law applicable to transportation benefit districts. Nor does this assumption impair or alter any actions, activities, or proceedings validated thereunder; any civil or criminal proceedings instituted thereunder; any rule, regulation, or order promulgated thereunder; any administrative action taken thereunder; nor the validity of any act performed by the Bremerton Transportation Benefit District or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the City as authorized by law. (Ord. 5297 §3 (part), 2016)
11.25.060 RULES, REGULATIONS, PENDING BUSINESS, AND CONTRACTS.
Pursuant to RCW 36.74.050(1), all rules and regulations and all pending business before the board of the Bremerton Transportation Benefit District shall be continued and acted upon by the City Council. In addition, pursuant to RCW 36.74.050(2), all existing contracts and obligations of the Bremerton Transportation Benefit District remain in full force and effect, and will be performed by the City. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized in the ordinance codified in this chapter. (Ord. 5297 §3 (part), 2016)
11.25.070 REPORTS, BOOKS, AND RECORDS.
Pursuant to RCW 36.74.060(1), all reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Bremerton Transportation Benefit District shall be made available to the City. (Ord. 5297 §3 (part), 2016)
11.25.080 FUNDS, CREDITS, APPROPRIATIONS, FEDERAL GRANTS, OR OTHER ASSETS.
Pursuant to RCW 36.74.060(2), all funds, credits, or other assets held in connection with rights, powers, duties, and functions of the Bremerton Transportation Benefit District assumed hereunder shall be assigned to the City. Further, pursuant to RCW 36.74.060(3), any appropriations or federal grant made to the Bremerton Transportation Benefit District (if any) for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by the City must, on the effective date of the assumption, be credited to the City for the purpose of carrying out such assumed rights, powers, functions, and obligations. (Ord. 5297 §3 (part), 2016)
11.25.090 ASSUMPTION OF INDEBTEDNESS.
Pursuant to RCW 36.74.070, the City assumes and agrees to provide for the payment of all of the indebtedness of the Bremerton Transportation Benefit District, including the payment and retirement of outstanding general obligation and revenue bonds (if any) issued by the Bremerton Transportation Benefit District. (Ord. 5297 §3 (part), 2016)
11.25.100 LIBERAL CONSTRUCTION.
As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009. Formerly 11.25.060)