City Council

November 22, 2016 NOTICE CHANGE OF LOCATION FOR LAKEWOOD CITY COUNCIL STUDY SESSION AND LAKEWOOD CITY COUNCIL SPECIAL MEETING Notice is hereby given that the Lakewood City Council Study Session of Monday, November 28, 2016, will be held at 7:00 p.m., at the Lakewood Police Station, Multi-Purpose Room, 9401 Lakewood Drive SW, Lakewood, Washington. Following the City Council Study Session, the City Council will hold a Special Meeting at the same location. The purpose of the Special Meeting is to consider Resolution No. 2016-23 to set Monday, December 5, 2016, at approximately 7:00 p.m., as the date for a public hearing, before the City Council, to consider the proposed assumption of the rights, powers, functions, and obligations of the existing City of Lakewood Transportation Benefit District. Alice M. Bush, MMC City Clerk  LAKEWOOD CITY COUNCIL SPECIAL MEETING Monday, November 28, 2016 Following City Council Study Session Lakewood Police Station Multi-Purpose Room 9401 Lakewood Drive SW Lakewood, WA 98499 Page No. CALL TO ORDER ROLL CALL R E G U L A R A G E N D A RESOLUTION (3) Resolution No. 2016-23 Setting Monday, December 5, 2016, at approximately 7:00 p.m., as the date for a public hearing by the City Council concerning the City of Lakewood’s intent to assume the rights, powers, functions and obligations of the City of Lakewood’s Transportation Benefit District. – City Attorney ADJOURNMENT The Multi-Purpose Room is accessible to persons with disabilities. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us The Multi-Purpose Room will be closed 15 minutes after adjournment of the meeting.  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Setting December 5, TYPE OF ACTION: REQUESTED: 2016 as the date for a Public November 28, 2016 Hearing on the Transportation ORDINANCE NO. Benefit District Assumption. REVIEW: X RESOLUTION NO. 2016-23 November 21, 2016 _ MOTION NO. ATTACHMENTS: OTHER SUBMITTED BY: Heidi Ann Wachter, City Attorney RECOMMENDATION: It is recommended that the City Council set December 5, 2016 as the date for a Public Hearing regarding the Transportation Benefit District (TBD) Assumption. DISCUSSION: Assumption of the TBD by the City will retain the governing body and eliminate duplicated and repetitive tasks performed by both City employees and elected officials. The TBD would no longer have to hold separate meetings. On August 6, 2012, the Lakewood City Council adopted Ordinance No. 550 to establish a TBD in order to fund selected transportation projects. This is codified in the Lakewood Municipal Code as Chapter 12A.16. The boundaries of the City of Lakewood TBD are coextensive with the City limits. In its current state, the City of Lakewood TBD is a quasi-municipal corporation and independent taxing district created for the sole purpose of acquiring, constructing, improving, providing and funding transportation improvements within the district. (Continued on page 2) ALTERNATIVE(S): The City Council could choose not to assume the City of Lakewood TBD. FISCAL IMPACT: The TBD would no longer have to pay $2,500 to WCIA for risk management or audit costs totaling approximately $4,000 once every three years. Prepared by City Manager Review Department Director 003 DISCUSSION: (Continued from page 1) In the 2015 legislative session, as part of a larger transportation package, the state legislature amended the authorizing law regarding TBDs to allow cities to assume TBDs when the boundaries are coextensive. The City assumes all rights, powers and functions of the TBD and the TBD ceases to exist as a separate entity. Process 1. Adopt a resolution indicating the City’s intent to conduct a hearing concerning the assumption of the rights, powers, functions and obligations of the City of Lakewood TBD. The resolution must “set a time and place at which the city …legislative authority will consider the proposed assumption of the rights, powers, functions, and obligations of the transportation benefit district, and must state that all persons interested may appear and be heard.” 2. Publish the resolution at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the city or county in which the transportation benefit district is to be located. 3. During the hearing the City Council must “consider the assumption of the rights, powers, functions, and obligations of the transportation benefit district and hear those appearing and all protests and objections to it.” 4. After receiving testimony, if the City Council “determines that the public interest or welfare would be satisfied by the city or county assuming the rights, powers, immunities, functions and obligations of the transportation benefit district” then the City may proceed with the assumption. 004  RESOLUTION NO. 2016-23 A RESOLUTION of the City of Lakewood, Washington, indicating the City’s intent to conduct a Public Hearing concerning the assumption of the rights, powers, functions, and obligations of the City of Lakewood’s Transportation Benefit District. WHEREAS, in August 2012, the City Council adopted Ordinance No. 550 creating the City of Lakewood Transportation Benefit District (“TBD”) with boundaries coterminous with the boundaries of the City, all in accordance with chapter 36.73 RCW; and WHEREAS, on July 1, 2015, the Washington State Legislature enacted Second Engrossed Substitute Bill 5987 (SESSB 5987) which, at Section 301 authorizes the City to assume the rights, powers, functions, and obligations of the TBD; and WHEREAS, prior to assuming the rights, powers, functions, and obligations of the TBD, the City must indicate its intent to conduct a hearing concerning the assumption by adoption of an ordinance or resolution; and WHEREAS, the ordinance or resolution must set the time and place for the hearing and state that all persons interested in the assumption may appear and be heard; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, as Follows: Section 1. Intent to Conduct Public Hearing. The City Council hereby declares its intent to conduct a public hearing to consider the proposed assumption of the rights, powers, functions, and obligations of the existing City of Lakewood Transportation Benefit District. Section 2. Date, Time, and Place of Public Hearing. The public hearing on the proposed assumption shall be held on Monday, December 5, 2016 at approximately 7:00 pm in the Council Chambers located at Lakewood City Hall, 6000 Main Street SW, Lakewood, WA 98498. Section 3. Public Testimony. All persons interested in the proposed assumption may appear at the hearing and will have the opportunity to be heard. Effective Date. This resolution shall take effect immediately upon its adoption. 005  PASSED by the City Council this 28th day of November 2016. CITY OF LAKEWOOD ____________________________________ Don Anderson, Mayor Attest: _______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _______________________________ Heidi Wachter, City Attorney 006