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Ordinance 23-022 TBD Assumption of PowersCITY OF SPOT ANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.23-022 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND OBLIGATIONS OF THE SPOKANE VALLEY TRANSPORTATION BENEFIT DISTRICT AS ALLOWED BY CHAPTER 36.74 RCW, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City Council (the "City Council" or "Council") of the City of Spokane Valley, Spokane County, Washington (the "City") has adopted Ordinance No. 23-018 creating the Spokane Valley Transportation Benefit District with the same boundaries as the City as they currently exist or may be revised in the future; and WHEREAS, Second Engrossed Substitute Senate Bill 5987, in Section 302, 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 Spokane Valley held a properly noticed public hearing on the proposed assumption of the rights, powers, functions and obligations of the Spokane Valley Transportation Benefit District on November 14, 2023; and WHEREAS, the City Council finds and determines that the assumption of the rights, powers, functions, and obligations of the Spokane Valley Transportation Benefit District is in the best interest of residents of the City and will promote the general health, safety and welfare; NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Findings. The 2015 Legislature of the State of Washington by Second Engrossed Substitute Senate Bill 5987 provided cities the authority to take over and assume the rights, powers, functions and obligations of transportation benefit districts formed under chapter 36.73 RCW. The City Council hereby finds that assumption of the Spokane Valley Transportation Benefit District will significantly simplify the administration of the district including administering the funds collected for transportation improvements for greater efficiency of government. The Spokane Valley Transportation Benefit District has not collected any funds, does not have any contracts, does not have any assets, has not committed to any projects and has not spent any funds, which simplifies the transfer of authority. Section 2. Assumption of the Spokane Valley Transportation Benefit District. The City hereby assumes all rights, powers, functions and obligations of the Spokane Valley Transportation Benefit District and by this action the Spokane Valley Transportation Benefit District will cease to exist as a separate legal entity. Ordinance 23-022 TBD Powers Assumption rage 1 of Section 3. 8everability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or ci re iii-n stances. Section 4. Effective Date, This Ordinance shall be in full force and effect five days after publication of this Ordinance or a SUrnmary thcreof in the official newspaper of the City as provided by law. PASSED by the City Council this day of 2023, CITY OF SPOKANE VALLEY, WASHINGTON Pam Haley, Mayor-, ATTEST: Marei tterson, ity Clerk APPROVED ASTO FORM: Offs o f"tlae City 16Tney" Date of Publication - Effective Date: /2113 Ordinance 23-022TBD Powers Assumption Page 2 of 2