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HomeMy WebLinkAbout4711 Ordinance - Dissolving Downtown Pasco Development AuthorityOrdinance Dissolving the Downtown Pasco Development Authority - 1 ORDINANCE NO. 4711 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, FORMALLY DISSOLVING THE DOWNTOWN PASCO DEVELOPMENT AUTHORITY. WHEREAS, the City of Pasco, Washington, pursuant to RCW 35.21.730 through RCW 31.21.759, created the Downtown Pasco Development Authority (“DPDA”) by City Ordinance No. 3985 adopted on December 20, 2010; and WHEREAS, said Ordinance provided that “[i]f the City Council by majority votes makes an affirmative finding that dissolution is warranted for any reason, the existence of the Downtown Pasco Development Authority may be terminated by Ordinance of the City Council adopted at or after a public hearing, held with notice to the Directors of the DPDA and affording them a reasonable opportunity to be heard and present testimony.”; and WHEREAS, the City Council has determined that the stated goal of the creation of the Downtown Pasco Development Authority of revitalizing the downtown area of Pasco through a public development authority authorized under RCW 35.21.730-.759 has concluded; and WHEREAS, the City has determined that there is minimal benefit to continue the Downtown Pasco Development Authority and dissolution is warranted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Dissolution of the Downtown Pasco Development Authority. The City Council of the City of Pasco, after a public hearing on April 15, 2024, makes the affirmative finding that dissolution of the Downtown Pasco Development Authority created by Ordinance No. 3985 is warranted and shall be and hereby is dissolved. The City of Pasco Ordinance No. 3985, together with the Charter of the DPDA, as of the effective date provided below, is repealed in its entirety. This repeal shall not revive any prior Ordinance dealing with this same subject. Section 2. Notice to the Downtown Pasco Development Authority. The City Clerk shall forthwith serve upon the remaining board and/or directors (if any) of the Downtown Pasco Development Authority, a copy of this Ordinance as notice dissolving the DPDA effective April 26, 2024, at 9:00 a.m., Pacific Standard Time. Section 3. Authorization of the City Manager. The City Manager is hereby authorized and directed to prepare, execute, and have executed, all documents necessary to facilitate the filing of Articles of Dissolution with the State of Washington in accordance with the requirements of RCW 24.03A.910, including but not limited to, obtaining a Tax Clearance Certificate for the DPDA as required under RCW 82.32.260. The City Manager, or his designee, shall have full authority to exercise all powers necessary to continue the operation of those facilities of the DPDA which shall devolve back to the possession and control of the City as a DocuSign Envelope ID: 6B62BFCC-F6E7-4497-96C3-DF73A7F0DE3C Ordinance Dissolving the Downtown Pasco Development Authority - 2 result of this dissolution and in accordance with Ordinance No. 3985 and the Charter and proper provision has been made for the disposition of all Authority assets. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 15th day of April, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: Sunday, April 21, 2014 DocuSign Envelope ID: 6B62BFCC-F6E7-4497-96C3-DF73A7F0DE3C