ORD 2015-31 ASSUMING THE BAINBRIDGE ISLAND TBD, REPEALING BIMC 12.29CITY OF BAINBRIDGE ISLAND
WASHINGTON
ORDINANCE NO. 2015-31
AN ORDINANCE OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, RELATING TO
TRANSPORTATION; ASSUMING THE BAINBRIDGE
ISLAND TRANSPORTATION BENEFIT DISTRICT;
REPEALING CHAPTER 12.29 OF THE BAINBRIDGE
ISLAND MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, the City of Bainbridge Island has the responsibility for the improvement,
maintenance, protection and operation of public streets and ways within the corporate limits of
the City; and
WHEREAS, on August 22, 2012, the City Council adopted Ordinance No. 2012-14
establishing a city-wide transportation benefit district pursuant to Chapter 36.73 RCW for the
improvement, preservation, maintenance and operation of the City's transportation infrastructure,
to reduce the risk of transportation facility failure, to improve safety, to avoid more expensive
infrastructure replacements in the future, and to reduce congestion or stem the expected increase
in congestion created by failing roads ("Bainbridge Island Transportation Benefit District" or
"the TBD"); and
WHEREAS, on July 1, 2015, the State Legislature passed Second Engrossed Substitute
Senate Bill 5987, amending Chapter 36.73 RCW and authorizing cities to assume the rights,
powers, functions, and obligations of transportation benefit districts with the same boundaries as
the establishing city; and
WHEREAS, on October 6, 2015, the City Council passed Resolution No. 2015-17
indicating its intention to conduct a public hearing concerning the assumption of the rights,
powers, functions, and obligations of the TBD; and
WHEREAS, Resolution No. 2015-17 was published in the Bainbridge Review, a
newspaper of daily general circulation printed or published in the City, on October 30, and
November 6, 2015; and
WHEREAS, on November 17, 2015, a public hearing was held by the City Council to
consider the proposed assumption of the rights, powers, functions, and obligations of the TBD;
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
TBD and hereby declares its intent to do the same;
NOW, THEREFORE, the City Council of the City of Bainbridge Island, Washington,
do ordain as follows:
Section 1. Assumption of Bainbridge Island Transportation Benefit District. The
City of Bainbridge Island does hereby assume the rights, powers, immunities, functions, and
obligations of the Bainbridge Island Transportation Benefit District and is hereby vested with
every right, power, immunity, function, and obligation currently granted to or possessed by the
TBD. The City Council of the City of Bainbridge Island is hereby vested with all rights, powers,
immunities, functions, and obligations otherwise vested by law in the governing board of the
TBD as defined by Section 12.29.020 of the Bainbridge Island Municipal Code ("BIMC").
Section 2. Bainbridge Island Transportation Benefit Distrid Abolislied. The
Bainbridge Island Transportation Benefit District established pursuant to Section 12.29.010
BIMC, and the TBD governing board as defined by Section 12.29.020 BIMC, are hereby
abolished.
Section 3. Repealer. Bainbridge Island Municipal Code Chapter 12.29, entitled
"Transportation Benefit District," is hereby repealed in its entirety.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of
this Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 5. Effective Date. This Ordinance shall be published in the official newspaper of
the City, and shall take effect on December 31, 2015.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE IST DAY OF DECEMBER, 2015.
CITY OF BAINBRIDGE ISLAND
. L�2�1
Arr e S. Blair, Mayor
WA
ATTEST/AUTHENTICATED:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
DATE OF PUBLICATION:
EFFECTIVE DATE:
ORDINANCE NO.:
September 29, 2015
December 1, 2015
December 4, 2015
December 31, 2015
2015-31
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