2861ORDINANCE NO.2861
AN ORDINANCE OF THE CITY OF MOSES LAKE,WASHINGTON,ASSUMING THE
RIGHTS,POWERS,FUNCTIONS,IMMUNITIES, AND OBLIGATIONS OF THE MOSES
LAKE TRANSPORTATION BENEFIT DISTRICT
RECITALS:
1.WHEREAS, on December 27,2016,the CityCouncilof the Cityof Moses Lake adopted Ordinance
No.2847 creating the Moses Lake Transportation BenefitDistrict("Moses Lake TBD")with the same
boundaries as the City limits, in accordance with Chapter 36.73 RCW;and
2. WHEREAS,Chapter 36.74 RCW authorizes the Cityto assume the rights, powers, functions, and
obligations of the existing Moses Lake TBD; and
3. WHEREAS, on April 11,2017,the CityCouncil adopted Resolution No. 3670 declaring the City's
intent to conduct a public hearing to consider the proposed assumption of the rights, powers,
functions,and obligations of the existing Moses Lake TBD;and
4. WHEREAS, on April 25, 2017, the CityCouncil conducted the public hearing allowing all persons
interested in the proposed assumption the opportunity to be heard;and
5.WHEREAS,the CityCouncilhas determined that the publicinterest and welfare will be satisfied by
the City assuming the rights, powers,immunities,functions,and obligationsofthe existingMoses
Lake TBD;
NOW,THEREFORE,THECITY COUNCIL OFTHECITY OFMOSESLAKE,WASHINGTON ORDAINS AS
FOLLOWS:
Section 1.Findings. The recitals listed herein are incorporated as findings.
Section 2. TBDAssumed. The rights,powers,immunities,functions,and obligations of the Moses Lake
Transportation Benefit District are hereby assumed bythe City ofMoses Lakewhich is herebyvested with
every right,power,immunity,function,and obligation currently grantedtoor possessed bythe Moses Lake
TBD.
Section3. NoExisting Right Impaired.Pursuantto RCW 36.74.040,thisassumptiondoes not impair oralter
any existing rights acquired bythe MosesLakeTBD underChapter36.73 RCW oranyother provision oflaw
relating to transportation benefitdistricts.Nordoes this assumption impairor alter any actions,activities,or
proceedingsvalidated thereunder;anycivil or criminal proceedings instituted thereunder;anyrule,regulation,
or order promulgated thereunder; any administrative action taken thereunder; or the validity of any act
performed bythe Moses Lake TBD or division thereoforanyofficer thereof prior tothe assumption ofsuch
rights,powers,functions,and obligations bythe City as authorizedunder the law.
Section4.Rules,Regulations,Pending Business,and Contracts.Pursuantto RCW 36.74.040,all rulesand
regulations and ail pending business beforethe boardofthe Moses LakeTBD shallbe continued and acted
upon by the City Council.In addition,pursuantto RCW 36.74.050(2),all existing contractsand obligations of
the Moses LakeTBDremain infull force and effect and must be performed bythe City.The assumption does
not affect the validity of any official act performed by any official or employee prior to the assumption
authorized under the law.
Section 5.Records of the Moses Lake TBD.Pursuant to RCW 36.74.060,all reports,documents,surveys,
books, records,files,papers, or other writings relating to the administration of the powers, duties, and
functions available to the Moses Lake TBD must be made available to the City.
ORDINANCE NO.2861
PAGE 2 April 25,2017
Section 6.Funds,Credits,Appropriations,Federal Grants,or Other Assets.Pursuant to RCW 36.74.060(2),
all funds,credits,or other assets held in connection with assumed powers,duties,and functions must be
assigned to the City.Pursuant to RCW 36.74.060(3),any appropriations or federal grant made to the Moses
Lake TBD for the purpose of carrying out the rights,powers,functions,and obligations authorized to be
assumed bythe Citymust, on the effective date of the assumption,be credited to the Cityfor the purpose of
carrying out such assumed rights,powers,functions,and obligations.
Section 7.Assumption of Indebtedness.Pursuantto RCW 36.75.070,the Cityassumes and agrees to provide
for the payment of all of the indebtedness of the Moses Lake TBD, including the payment and retirement of
outstanding general obligation and revenue bonds issued by the Moses Lake TBD.
Section 8.TBD Governing Body Abolished.Immediately following the assumption of the TBD by the City,the
Moses Lake Transportation Benefit District Board of Directors is abolished as required by RCW 36.74.030(2).
Section 9.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.
Section 10. Severability. Ifany 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.
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on April 25,2017.
ATTEST:
Todd Voth,Mayor
APPROVED AS TO FORM:
fUdd£JLc
atherine L.Kenison.OrtyAttorney