Resolution 1370RESOLUTION NO. 1370
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, SETTING A PUBLIC HEARING TO
CONSIDER THE ASSUMPTION OF THE RIGHTS,
POWERS, FUNCTIONS AND OBLIGATIONS OF
THE EDMONDS TRANSPORTATION BENEFIT
DISTRICT
WHEREAS, the 2015 Legislature adopted Second Engrossed Substitute Senate
Bill (2ESSB) 5987, the majority of which became effective on July 15, 2015; and
WHEREAS, Section 301 of 2ESSB 5987 authorizes any city in which a
transportation benefit district ("TBD") has been established pursuant to Chapter 36.73
RCW within boundaries coterminous with the boundaries of the city, to assume the
rights, powers, functions, and obligations of the TBD, by way of adoption of an
ordinance or resolution of the city legislative authority; and
WHEREAS, pursuant to Ordinance and codified in Chapter 3.65 of the Edmonds
Municipal Code, the City of Edmonds City Council established a transportation benefit
district to be known as the Edmonds Transportation Benefit District, with geographical
boundaries comprised of the corporate limits of the City of Edmonds at the time the
ordinance was adopted or as they may exist after future annexations; and
WHEREAS, Section 302 of 2ESSB 5987 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 legislative authority
indicating its intention to conduct a hearing concerning the assumption of such rights,
powers, functions, and obligations, setting a time and place at which the city legislative
authority will consider the proposed assumption of the rights, powers, functions and
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obligations of the transportation benefit district, and stating that all persons interested
may appear and be heard; and
WHEREAS, section 302 of 2ESSB 5987 provides that the ordinance or resolution
of intention must be published at least two times during the two weeks preceding the
scheduled hearing in newspapers of daily general circulation printed or published in the
city in which the transportation benefit district is located; and
WHEREAS, Section 303 of ESSB 5987 provides that if, after receiving
testimony, the city legislative authority determines that the public interest or welfare
would be satisfied by the city assuming the rights, powers, immunities, functions, and
obligations of the TBD, the city legislative authority may declare that to be its intent and
assume such rights, powers, immunities, functions, and obligations by ordinance or
resolution, providing that the city is vested with every right, power, immunity, function
and obligation currently granted to or possessed by the TBD; and
WHEREAS, upon assumption of the rights, powers, immunities, functions, and
obligations of the TBD by the City, the governing body established by RCW 36.73.020
must be abolished; and
WHEREAS, it is the intent of the City Council of Edmonds to consider the
assumption of rights, powers, functions, and obligations of the Edmonds TBD, and
WHEREAS, the City Council desires to set a public hearing as required by
Section 302 of 2ESSB 5987;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDMONDS, AS FOLLOWS:
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1. The City of Edmonds intends to consider the assumption of the rights,
powers, functions, and obligations of the Edmonds TBD.
2. A public hearing concerning the assumption of the rights, powers, functions
and obligations of the Edmonds TBD shall be held on October 4th, 2016.
3. All persons interested, including those with protests and objections to the
assumption of rights, powers, functions, and obligations of the TBD, may appear and be
heard at said public hearing.
4. At the conclusion of the public hearing, if the City Council determines that the
public interest or welfare would be satisfied by the City assuming the rights, powers,
immunities, functions, and obligations of the TBD, the City Council may declare that to be
its intent, and assume such rights, powers, immunities, functions and obligations by way of
ordinance or resolution, providing that the City is vested with every rights, power, immunity,
function and obligation currently granted to or possessed by the TBD.
5. The City Clerk shall give notice of the public hearing set herein in the
manner so required by Section 302 of 2ESSB 5987.
RESOLVED this 20t" day of September, 2016.
MA
ATTEST/AUTHENTICATED:
CLERK, ASSEY
VED:
FILED WITH THE CITY CLERK: September 16, 2016
PASSED BY THE CITY COUNCIL: September 20, 2016
RESOLUTION NO. 1370
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