CITY OF SOAP LAKE, WASHINGTON ORDINANCE NO. 2015 - 1227 AN ORDINANCE OF THE CITY COUNCIL OF SOAP LAKE, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS, AND OBLIGATIONS OF THE SOAP LAKE TRANSPORTATION BENEFIT DISTRICT (TBD) AS ALLOWED BY SECOND ENGROSSED SUBSTITUTE SENATE BILL 5987, SECTION 302 AND ABOLISHING THE TBD GOVERNING BOARD FOLLOWING ITS ASSUMPTION. WHEREAS, the Council of the City of Soap Lake adopted Ordinance No.2012-1152 creating the Soap Lake Transp01tation Benefit District (TBD) with the same boundaries as the city limits; and WHEREAS, Second Engrossed Substitute Senate Bill 5987, in Section 302, which took effect on July 15, 20 15, 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 or county legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations; and WHEREAS, the City of Soap Lake adopted Resolution #82 1, a resolution expressing the city's intent to assume the TBD on November 18, 2015; and WHEREAS, Resolution #821 set a public hearing for December 2, 2015, and notice of said resolution was published in the Grant County Journal twice in the two weeks prior to the scheduled hearing; and WHEREAS, the City Council held a public hearing and took testimony from all parties on the assumption of the rights, powers, functions , and obligations of the transpo1tation benefit district on December 2, 2015; and WHEREAS, the City Council finds that the public interest and welfare is satisfied by the city assuming the rights, powers, immunities, functions, and obligations of the Soap Lake Transportation District; and WHEREAS, the City Council desires to continue the work and functions of the TBD as defined in state law and Ordinance No. 20 12- 1152 without the necessity of maintaining a separate entity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOAP LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The recitals listed herein are incorporated as findings.

Ordinance # 20 15 - 1227 1

SECTION 2. TBD Assumed. The rights, powers, immunities, functions, and obligations of the Soap Lake Transportation Benefit District are hereby assumed by the City of Soap Lake which is hereby vested with every right, power, immunity, function, and obligation cun-ently granted to or possessed by the TBD. SECTION 3. Amendment - Soap Lake Municipal Code 3.30.020. Pursuant to 2ESSB 5987 Section 303(2), the governing body established in SLMC 3.30.020 is abolished and the City Council is vested with all rights, powers, immunities, functions , and obligations otherwise vested by law in the governing board of the Soap Lake TBD. Section 3.30.020 of the Soap Lake Municipal Code is hereby amended as follows: 3.30.020 Governing board. A. The governing board ("board") of the transportation benefit district shall be the Soap Lake City Council acting in an e>( officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in the Chapter 36.73 RCW and this chapter. B. The treasurer of the transpo1iation benefit district shall be the city finance director. C. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set fo1ih in RCW 36. 73.160( 1). At a minimum, if a transportation improvement exceeds its original cost by more than twenty (20) percent, as identified in the district's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. D. The board shall issue an annual report, pursuant to the requirements of RCW 36. 73.1 60(2).

SECTION 4. Section 3.30.030 SLMC Amended. Municipal Code is hereby amended as follows:

Section 3.30.030 of the Soap Lake

3.30.030 Functions and powers of the district. A. The district board may authorize a vehicle tmc. fee of up to twenty dollars ($20.00) per vehicle as provided for by RCW 82.80.140. any expansion of the authorized purposes of the district shall be undertaken only after notice, hearing and adoption of an ordinance in accordance 'Nith RCW 36.73.050(2)(b) or a vote of the people pursuant to RC\l/ 36.73.065(3).The city, acting by and through its city council. may authorize a vehicle fee of up to:

1. $20.00 per vehicle as provided for by RCW 82.80.140; 2. Up to forty dollars of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of twenty dollars has been imposed for at least twenty-four months; and/or 3. Up to fifty dollars of the vehicle fee authorized in RCW 82.8 0.140 if a vehicle fee of forty dollars has been imposed for at least twenty-four months and a district has met the requirements of subsection (6) of Section 309 of 2ESSB 5987. Ordinance# 20 15 - 1227 2

B. When authorized by the votes pursuant to the requirements of Chapter 36.73 RW, the city may assess other taxes, fees, charges and tolls or increases in these revenue sources of the preservation, maintenance and operation of city streets. Additional transportation improvements may be added to the functions of the district upon compliance with the requirements of said chapter. C. The district board shall have the powers and functi ons provided by Chapter 36.73 RCW , as it now exists or is hereafter am ended, to fulfill the purposes of the district.

SECTION 5. No Existing Right Impaired. Pursuant to Section 304 of 2ESSB 5987, nothing in this Ordinance shall be construed as impairing or altering any existing rights acquired by the Soap Lake TBD 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; nor the validity of any act performed by the Soap Lake TBD or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by the City hereunder.

SECTION 6. Rules, Regulations, Pending Business, Contracts. Pursuant to Section 305, Subsection (1) of 2ESSB 5987, all rules and regulations and all pending business before the board of the Soap Lake TBD shall be continued and acted upon by the City Council. In addition, pursuant to subsection (2) of Section 305, all existing contracts and o bligations of the Soap Lake TBD remain in full force and effect, and will be p erformed 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 by Sections 1, 2 and 3 of this Ordinance.

SECTION 7. Records of the Soap Lake TBD. Pursuant to Section 306, subsection (1) of 2ESSB 5987, all rep01is, documents, surveys, books, records, files, papers, or other writings relating to the admini stration of the powers, duties, and functions available to the Soap Lake TBD shall be made available to the City. SECTION 8. Funds, Credits, Appropriations, Federal Grants, or Other Assets. Pursuant to Section 306, Subsection (2) of2ESSB 5987, all funds, credits, or other assets held in connection rights, powers, duties, and functions of the Soap Lake TBD assumed hereunder shall be assigned to the City. Further, pursuant to Section 306, subsection (3) of 2ESSB 5987, any appropriations or federal grant made to the Soap Lake TBD 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.

SECTION 9. Assumption oflndebtedness. Pursuant to Section 307 of2ESSB 5987, the City assumes and agrees to provide for the payment of all of the indebtedness of the Soap Lake TBD, including the payment of and retirement of outstanding general obligation and revenue bonds (if any) issued by the Soap Lake TBD.

SECTION 10. Effective date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication as provided by law. Ordinance # 20 15 - 1227 3

SECTION 11. 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. PASSED by majority vote of the members of the Soap Lake Council this 2nd day of December, 2015, and signed in authentication of its passage this 2nd day of December, 20 15.

ATTEST:

Anita Richardson, Deputy Clerk

Approved as to form:

Katherine L. Kenison, City Attorney

PASSED the 2nd day of December, 2015 APPROVED the 2 11d day of December, 201 5 PUBLISHED the 10111 day of December, 20 15

Ordinance # 201 5 - 1227

4

SECTION 11. Severability. If any section, sentence, clause or phrase of thi s ordinance should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validi ty or constitutionality of any other section, clause or phrase of thi s ordinance. PASSED by majority vote of the members of the Soap Lake Council this 2nd day of December, 2015, and signed in authentication of its passage this 2 11 d day of December, 2015.

ATTEST:

Anita Richardson, Deputy Clerk

Approved as to form:

PASSED the 211 d day of December, 2015 APPROVED the 211 d day of December, 2015 PUBLISHED the 10111 day of December, 2015

Ordinance # 2015 - 1227 4