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Home Ordinances Ordinance No. 00560

Ordinance No. 00560

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CITY COUNCIL MEETING MINUTES APRIL 1, 2013

ORDINANCE NO. 560

An ordinance of the City of Lakewood, Washington amending Sections 12A.16.020 and 12A.16.040 and creating Section 12A.16.025 of the Lakewood Municipal Code relative to the Lakewood Transportation Benefit District.

            WHEREAS, in July 2012, the City Council of the City of Lakewood, acting pursuant to its authority under Chapter 36.73 RCW passed Ordinance 550 creating the Lakewood Transportation Benefit District; and  

            WHEREAS, the District met for the first time on March 25, 2013.  At that time, it was realized that technical corrections were required to Chapter 12A.16 LMC to provide for staff for the District and to allow the District maximum flexibility to perform its duties consistent with Chapter 36.73 RCW; and

            NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:

            Section 1.  Lakewood Municipal Code (LMC) sections 12A.16.020 and 12A.16.040 are amended and a new LMC 12A.16.025 is created, as follows:

12A.16.020     Governing Board.

A.  Consistent with RCW 36.73.020(3), the governing board of the Lakewood Transportation Benefit District shall be the Lakewood City Council acting in an ex officio and independent capacity.  The board shall have the authority to exercise the statutory powers set forth in chapter 36.73 RCW.

B.  Consistent with RCW 36.73.020(4), treasurer of the Lakewood Transportation Benefit District shall be the Assistant City Manager Finance/Administration Services or his/her designee acting in an ex officio capacity.

CB.            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 forth in RCW 36.73.160(1).

DC.           The Mayor shall serve as the chair of the TBD Board and shall preside over all meetings of the Board.  Meetings of the board shall be governed by the procedural rules applicable to meetings of the City Council, as these rules may be amended by the Council or the Board from time to time.  Board actions shall be taken in the same manner and follow the same procedure as for the adoption of City Council resolutions. 

D.  The Mayor shall serve as the chair of the TBD Board and shall preside over all meetings of the board.

ED. Annual Report to the Public.  The board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2).

12A.16.025 – Administration and Personnel

A.        The City Manager for the City of Lakewood shall be the chief executive officer and head of the administrative branch of the Transportation Benefit District, acting in an ex officio capacity.  The City Manager shall be responsible to the District for the proper administration of all affairs of the District.

B.        Consistent with RCW 36.73.020(4), treasurer of the Lakewood Transportation Benefit District shall be the Assistant City Manager Finance/Administration Services or his/her designee acting in an ex officio capacity

C.        The City Attorney for the City of Lakewood, or his/her designee shall be the attorney for the Transportation Benefit District, acting in an ex officio capacity.  The city attorney, or his/her designee shall advise the district authorities and officers in all legal matters pertaining to the business of the district and shall approve all ordinances as to form. He or she shall represent the district in all actions brought by or against the district or against district officials in their official capacity. He or she shall perform such other duties as the district by ordinance or resolution may direct.

D.        The City Clerk for the City of Lakewood, or his/her designee shall be the clerk for the Transportation Benefit District, acting in an ex officio capacity.  The city clerk, or his/her designee shall keep a full and true record of every act and proceeding of the district and keep such books, accounts and make such reports as may be required by the state auditor.

E.         The City Manager or designee shall, subject to the provisions of any applicable law, rule, or regulation relating to civil service, also have the authority to appoint and remove at any time any employees of the City of Lakewood to serve as employees of, and fulfill the purposes of, the District.

12A.16.040     Transportation Improvements Funded.  The funds generated by the Lakewood Transportation Benefit District shall be used for the purpose of funding ongoing transportation improvements that preserve, maintain and, as appropriate, construct or reconstruct the transportation infrastructure of the City of Lakewood, consistent with Chapter 36.73 RCW.  The funds shall be used specifically for annual improvements for the operation, preservation, and maintenance of the City’s existing transportation improvements, facilities, functions, activities, and programs set forth in the City ’s 2013-2018 current Transportation Improvement Program, adopted pursuant to Chapter 36.73 RCW, non-motorized improvement plan and the Lakewood City Council Ad Hoc Committee on Transportation Funding recommendations.  Lakewood Transportation Benefit District projects may be amended in accordance with the material change policy described in LMC 12A.16.020(C) and in accordance with the notice, hearing and other procedures described in chapter 36.73 RCW, including RCW 36.73.050(2)(b), as the same may be amended from time to time.

Section 2.        Severability.  If any portion of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.

Section 3.        Effective Date.  That this Ordinance shall be in full force and effect thirty (30) days after publication of the Ordinance Summary.

ADOPTED by the City Council this 15th day of April, 2013.

CITY OF LAKEWOOD 

_________________________________________

Don Anderson, Mayor

Attest:

______________________________   

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Matthew S. Kaser, Acting City Attorney