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HomeMy WebLinkAbout4826 Ordinance Assuming Powers of Transporation Benefit District (TBD)Ordinance – Creating Chapter 3.270 - TBD - 1 ORDINANCE NO. 4826 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, IMMUNITIES, AND OBLIGATIONS OF THE PASCO TRANSPORTATION BENEFIT DISTRICT; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 17, 2026, the City Council of the City of Pasco adopted Ordinance No. 4816 creating the Pasco Transportation Benefit District (“Pasco TBD”) with the same boundaries as the City limits, in accordance with Chapter 36.73 RCW; and WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the District that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, while dedicated revenues have decreased, the ongoing annual costs to preserve and maintain the City’s transportation infrastructure continue to rise leaving the City unable to continue to adequately preserve and maintain the City’s transportation infrastructure; and WHEREAS, Chapter 36.74 authorizes the City to assume the rights, powers, functions, and obligations of the existing Pasco TBD; and WHEREAS, the Pasco Transportation Benefit District has not yet collected any funds, does not have any contracts, has not committed to any projects and has not spent any funds, which simplifies the transfer of authority; and WHEREAS, the Pasco Transportation Benefit District as yet does not have any assets, simplifying the transfer of authority; and WHEREAS, on April 6, 2026, the City Council adopted Resolution No. 4723 declaring the City’s intent to conduct a public hearing to consider the proposed assumption of the rights, powers, functions and obligations of the existing Pasco TBD; and WHEREAS, on April 20, 2026, the City Council 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 Pasco TBD. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Ordinance – Creating Chapter 3.270 - TBD - 2 Section 1. Incorporation of Recitals. The above-mentioned recitals are incorporated as though fully set forth herein. Section 2. TBD Assumed. The rights, powers, immunities, functions, and obligations of the Pasco Transportation Benefit District are hereby assumed by the City of Pasco which is hereby vested with every right, power, immunity, function, and obligation currently granted to or possessed by the Pasco TBD. By this action the Pasco Transportation Benefit District will cease to exist as a separate entity. Section 3. No Existing Right Impaired. Pursuant to RCW 36.74.040, this assumption does not impair or alter any existing rights acquired by the Pasco TBD under Chapter 36.73 RCW or any other provision of law relating to transportation benefit districts. Nor does this assumption impair or alter any actions, activities, or proceedings validated thereunder; any administrative action taken thereunder; or the validity of any act performed by the Pasco TBD or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the City as authorized by the law. Section 4. Pending Business. Pursuant to RCW 36.74.040, all pending business before the board of the Pasco TBD shall be continued and acted upon by the City Council. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized under the law. Section 5. Records of Pasco TBD. Pursuant to RCW 36.74.060 all reports, documents, surveys, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Pasco TBD must be made available to the City. Section 6. TBD Governing Body Abolished. Immediately following the assumption of the TBD by the City, the Pasco Transportation Benefit District Board of Directors is abolished as required by RCW 36.74.030(2). The Pasco City Council shall have the authority to exercise the statutory powers set forth in Chapter 36.74 RCW. The City shall implement the 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). The City shall issue an annual report pursuant to the requirements of RCW 36.73.160(2). The City shall have the authority to establish fees and other revenue sources consistent with Chapter 36.73. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. Section 8. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance – Creating Chapter 3.270 - TBD - 3 PASSED by the City Council of the City of Pasco, Washington, on this 20th day of April, 2026. _____________________________ Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Published: Sunday, April 26, 2026